IMPACT OF SOCIAL MEDIA IN LEGAL DECISION MAKING
BY- JASHANPREET KAUR STUDENT AT MAHARISHI MARKANDESHWAR DEEMED TO BE UNIVERSITY
ABSTRACT
Preface As the digital age continues to reshape the geography of communication and information dispersion, the legal fraternity in India finds itself scuffling with the profound influence of social media on trial proceedings. This composition, penned by an educated counsel, explores the multifaceted impact of social media on the Indian legal system, fastening on both the legal and ethical considerations that must be addressed. The Pervasive Reach of Social Media India, with its fleetly growing internet stoner base, has witnessed an unknown swell in social media operation. Platforms similar as Facebook, Twitter, Instagram, and WhatsApp have come integral to the lives of millions. still, this swell has not been without consequences for the legal system.
MEANING
in recent times, social media has wormed upon our particular, professional , as well as social lives. As per common knowledge, it’s understood that any information participated on a public sphere can come under scrutiny and exploration. Social media biographies are surely used as a source of information during court sounds. But there’s the threat of destruction of substantiation. Changing sequestration settings, killing a social media account, or deleting data that may be used as substantiation is considered as the destruction of substantiation, which is surely unlawful and comes with serious civil as well as felonious counteraccusations . Bar associations are coming up with colorful ethical norms that help moment advise their guests on how to deal with their being social media accounts and content. In fact, now the jurors are advised to limit their social media use during trials, because of the impact that some information on a particular profile or hunt on the internet , which may jeopardise the trial. Trial attorneys are known to take advantage of this, and completely probe implicit jurors ’ social media biographies and current exertion for any substantiation of misconduct. A number of court opinions have been reversed because of a juror’s misconduct in this aspect. This bar or caution that’s enforced on the use of social media during a action, isn’t only applicable for jurors but also for individualities in both the parties involved in the case. For case, in case of a particular injury action, the particular injury counsel will advise his customer against the redundant use of any social media platform, be it Instagram, Facebook, Snap Chat , Twitter etc. This is primarily because any update or information posted can be used as substantiation by the opposition, which can accordingly make or break a case. therefore, if a person is claiming compensation for a broken arm or leg , but posts a picture of himself brushing or playing a particular sport on the social media, this information can surely be used against him in court. Social media monitoring in law cases has come so detailed, that regular check- sways of an existent are also kept track of. In relation to a particular injury case, if an existent is claiming compensation for reduced mobility due to an accident or mishap, but updates a visit to the boardwalk or a event, claim may be questioned in the court. One social media platform that poses the topmost threat is Facebook, which has about a billion druggies each over the world and is a particular fave of insurance companies and defence attorneys. In the once couple of times, Twitter too has come extremely popular with about 31 million druggies that are relatively active. When it comes to the use of social media and if it has affected a countries law and programs, the answer is veritably simple- quite a bit. Effective guidance is necessary for guests who are fighting a particular case be it felonious, a claim for particular injury or dealing with a divorce. It’s stylish to lie downward on colorful social media platforms during the course of a legal case and follow the specific advice of an attorney for stylish results. Social media moment is laying a claim on all aspects of an existent’s life and will continue to do so in the future as well. Ethical Dilemmas 1. Biasing Public Opinion Social media’s capability to fleetly circulate information can lead to the prejudicing of public opinion. High- profile cases, in particular , are susceptible to media trials on social media platforms. attorneys and parties involved must exercise restraint in their public statements to insure a fair trial. 2. Professional Conduct Lawyers, too, face ethical dilemmas in the digital age. The boundaries of professional conduct are tested when attorneys engage in online conversations, comment on ongoing cases, or expose nonpublic information. The Bar Council of India has issued guidelines on the professional conduct of attorneys on social media, emphasizing the significance of upholding the quality of the profession.
LEGAL RAMIFICATIONS
1. substantiation and Authentication One of the most significant impacts of social media on trial proceedings is the preface of digital substantiation. Courts now constantly encounter screenshots, converse logs, and posts as substantiation in felonious and civil cases. still, icing the authenticity and admissibility of similar substantiation poses a significant challenge. In India, the Information Technology Act, 2000, governs issues related to electronic records and their admissibility in court. attorneys and judges must precisely estimate the source, integrity, and veracity of digital substantiation to help tampering or manipulation.
2. sequestration enterprises The use of social media to gather substantiation also raises enterprises about sequestration. In a country where sequestration is considered a abecedarian right, the balance between the right to sequestration and the need for substantiation must be precisely struck. Courts must determine whether substantiation attained from social media infringes upon an existent’s right to sequestration.
3. disdain of Court Social media can be a important tool for public expression and discussion. still, this freedom occasionally extends to contemptuous commentary or posts about ongoing trials, judges, or parties involved. Courts must address similar cases instantly to maintain the saintship of legal proceedings.
Ethical Dilemmas
1. Biasing Public Opinion Social media’s capability to fleetly circulate information can lead to the prejudicing of public opinion. High- profile cases, in particular, are susceptible to media trials on social media platforms. attorneys and parties involved must exercise restraint in their public statements to insure a fair trial.
2. Professional Conduct attorneys, too, face ethical dilemmas in the digital age. The boundaries of professional conduct are tested when attorneys engage in online conversations, comment on ongoing cases, or expose nonpublic information. The Bar Council of India has issued guidelines on the professional conduct of attorneys on social media, emphasizing the significance of upholding the quality of the profession. Recommendations To navigate the evolving geography of social media’s impact on trial proceedings, several recommendations are worth considering
3. Education and Training Legal professionals, including judges, attorneys, and law enforcement agencies, should admit training on handling digital substantiation and understanding the nuances of social media.
4. Guidelines on Social Media Use The legal fraternity should establish clear guidelines on the use of social media by attorneys, substantiations, and other parties involved in trial proceedings.
The Power of Social Media as Evidence:
Social media platforms have become integral repositories of information, offering a real-time chronicle of individuals’ lives, thoughts, and actions. Legal professionals increasingly leverage these platforms for evidence that can either substantiate or challenge claims made in court. From incriminating posts to corroborative photographs, the digital footprint left on social media has the potential to shape the narrative of a case positively. However, the authenticity and admissibility of such evidence pose significant challenges, underscoring the need for a nuanced approach in legal decision-making.
The sheer volume of data available can be overwhelming, making it difficult to discern fact from fiction. Misinformation and the viral spread of rumors on social media platforms can potentially taint the narrative of a case, raising questions about the reliability and accuracy of the information available.
Navigating the Waters of Public Opinion:
In an era where information travels at the speed of a click, social media plays a pivotal role in shaping public opinion about legal matters. Pretrial publicity, once confined to traditional media, has found a potent ally in the viral nature of online platforms. Legal decisions can now be subject to the scrutiny of an online audience, potentially influencing the perception of guilt or innocence.
While the positive aspect includes the dissemination of information and fostering public awareness, the negative side involves the risk of biased narratives and the potential for trial by social media. Striking a balance between the right to a fair trial and the public’s right to know poses a formidable challenge for legal practitioners.
Juror Conduct in the Age of Connectivity:
The jury box, once a haven of impartiality, now contends with the challenges of a digitally connected world. Jurors, armed with smartphones and an abundance of information at their fingertips, face the temptation to conduct independent research on social media. This shift in behavior raises concerns about juror misconduct and its potential impact on the integrity of legal proceedings.
Jurors engaging in independent research on social media platforms can compromise the principle of a fair trial. The legal system must grapple with how to address this evolving behavior, ensuring that jurors remain unbiased and adhere to the information presented within the courtroom.
The Pitfalls of Pervasive Information:
While social media brings a wealth of information to the forefront, its unchecked proliferation can present challenges for legal decision-making. The digital age poses ethical dilemmas for legal practitioners as they grapple with issues of consent, the admissibility of private communications, and the delicate balance between the pursuit of justice and safeguarding individuals’ right to privacy.
The ease with which personal information is shared on social media platforms raises critical questions about privacy in legal proceedings. Striking this balance is essential to ensure that legal decision-making respects fundamental rights while harnessing the benefits of technological advancements.
Witness and Expert Testimony in the Digital Era:
Social media not only affects those directly involved in legal proceedings but also has implications for witnesses and expert testimony. Identifying and contacting relevant individuals through online platforms has become a common practice. However, the flip side involves witnesses and experts potentially facing online harassment or intimidation, leading to concerns about the willingness of individuals to participate in legal processes.
The impact extends beyond evidence gathering, affecting the very fabric of how witnesses and experts engage with legal proceedings. Safeguarding against online harassment becomes crucial to maintain the integrity of witness testimony and expert opinions.
Addressing the Challenges:
As social media becomes deeply entwined with legal decision-making, the legal system must adapt and establish guidelines to navigate these challenges. Courts may need to develop protocols for handling social media evidence, ensuring its authenticity and relevance. Legal practitioners should be equipped with the skills to critically evaluate digital information, and judges may need to provide clear instructions to jurors about the risks associated with online research.
Legal education and professional development must evolve to include a robust understanding of the ethical implications of social media usage in legal proceedings. This includes addressing issues of privacy, ensuring fair and unbiased trials, and safeguarding the principles that underpin the justice system.
As of my last knowledge update in January 2022, I don’t have access to real-time databases or the ability to provide the latest legal cases. However, I can mention some general themes and notable cases up to that point that have addressed the impact of social media on legal decision-making. It’s important to verify and research the most recent cases and legal developments for the latest information.
1. Elonis v. United States (2015): – In this U.S. Supreme Court case, the issue revolved around the interpretation of a federal law concerning threats communicated on social media. The Court examined whether the intent to threaten or cause fear must be proven for a conviction. The case highlighted the challenges of applying traditional legal standards to online communication.
2. Doe v. Cahill (Delaware, 2005):
– This case involved anonymous online speech and the legal standards for revealing the identity of an anonymous user. The court addressed the balance between protecting the First Amendment right to anonymous speech and the rights of individuals to seek legal redress for defamation.
3. People v. Harris (California, 2013):
– The California Court of Appeals dealt with issues related to online speech and threats. The court considered whether posting rap lyrics on Facebook that allegedly threatened the safety of specific individuals constituted criminal threats. The case delved into the challenges of interpreting and applying existing laws to online communications.
4. Pulaski & Middleman v. Facebook (California, 2016):
– While not a criminal case, this civil case involved allegations that Facebook failed to remove content that facilitated acts of terrorism. The lawsuit raised questions about the responsibilities of social media platforms in regulating and moderating user-generated content.
5. United States v. Elonis (2013):
– In this federal case, the U.S. Supreme Court explored the issue of whether a person’s intent to make a threat on social media could be determined by an objective or subjective standard. The Court grappled with the challenges of interpreting online communication, specifically in the context of threatening language.
Conclusion:
In this era of digital interconnectedness, the impact of social media on legal decision-making is profound and transformative. From serving as a source of evidence to influencing public opinion and shaping juror behavior, the dynamics within courtrooms are evolving rapidly. As we confront the challenges posed by social media, it is imperative for legal professionals, policymakers, and society at large to engage in a thoughtful and proactive dialogue.
Only through a nuanced understanding and responsible utilization of social media can we uphold the principles of justice and ensure that legal decision-making remains fair, transparent, and steadfast in the face of technological evolution. The intersection of social media and legal proceedings presents a landscape of both promise and peril, demanding a delicate balance to preserve the integrity of the justice system in this digital age.
