What is Contempt of Court and How it applies to social media?

What is Contempt of Court and How it applies to social media?

Contempt of Court

Contempt of court is the offence of being disobedient or disrespectful to the court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court. It is a mechanism to protect the judicial system from undue interference, obstruction or scandalisation. It is also a means to ensure compliance with the orders and judgments of the court.

Contempt of court can be broadly classified into two categories: civil contempt and criminal contempt. Civil contempt is the wilful disobedience or breach of an order, judgment, decree, direction or undertaking given by the court. Criminal contempt is the publication or act that lowers the authority of the court, interferes with the administration of justice, or scandalises or tends to scandalise the court.

The power to punish for contempt of court is derived from the Constitution of India and the Contempt of Courts Act, of 1971. Article 129 of the Constitution empowers the Supreme Court to punish for contempt of itself, while Article 215 empowers the High Courts to punish for contempt of themselves and the subordinate courts. The Contempt of Courts Act, of 1971 defines and regulates the law relating to contempt of court and prescribes the procedure and punishment for it.

The punishment for contempt of court can be simple imprisonment for a term up to six months, or a fine up to two thousand rupees, or both. However, the court can also discharge or remit the punishment if the contemnor apologises or purges himself of the contempt. The court can also take cognisance of contempt suo motu (on its own motion) or on a motion made by the Attorney General or any other person with his consent.

The law of contempt of court is not meant to curtail the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution, but to balance it with the right to fair and impartial justice guaranteed by Article 21. The law aims to uphold public confidence and respect in the judiciary and to prevent any erosion or abuse of its authority.

However, the law of contempt of court is also subject to criticism and debate. Some argue that it is vague, arbitrary and subjective and that it gives too much discretion and power to the judges. Some also contend that it is outdated, archaic and colonial and that it stifles legitimate criticism and dissent. Some suggest that it should be reformed, restricted or abolished altogether.

The law of contempt of court is thus a complex and dynamic subject that requires constant review and revision in light of changing times and circumstances. It is a delicate balance between protecting the dignity and authority of the courts on one hand and preserving the freedom and rights of the citizens on the other.

How does the law of contempt apply to social media?

The law of contempt of court applies to social media in the same way as it applies to any other form of publication or communication. Posting about a case or upcoming trial on social media could amount to contempt of court if it: 

- Comments on facts or evidence that will be heard during the trial. 

- Mentions the defendant’s previous convictions or character. 

- Names someone in breach of an injunction or court order. 

- Names victims, witnesses, and offenders under the age of 18. 

- Prejudices the public before the case is heard. 

- Scandalises or lowers the authority of the court. 

- Interferes with the administration of justice. 

These are some examples of contempt of court that can be committed on social media, but they are not exhaustive. The same rules apply to members of the public as they do to journalists, especially when posting on social media. 

The Attorney General has issued guidelines for social media users to avoid committing contempt of court, which can be found here: https://www.gov.uk/government/publications/social-media-users-guide-to-contempt-of-court 

The punishment for contempt of court can be imprisonment, fine, or both. The court can also order the removal or deletion of the offending post or material. The court can take cognisance of contempt suo motu (on its own motion) or on a motion made by the Attorney General or any other person with his consent.

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