Chennai: Police's seizure of journalists’ devices sparks press freedom concerns

The Editors Guild of India has strongly criticised the Chennai police for seizing mobile phones and electronic devices belonging to several journalists during an investigation into the sexual assault of a student. The journalists reportedly downloaded the First Information Report (FIR), which was publicly available on a government website, in the course of their professional work.

In a press statement issued on Friday (January 31), the Guild expressed its unease over the methods used in the investigation, particularly the issuance of summons via WhatsApp, which the Supreme Court has previously deemed invalid for serving legal notices. Journalists who faced questioning have described the process as intrusive.

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While reiterating the importance of safeguarding the identity of sexual assault victims, the Guild underscored its concern over what it views as an overreach by law enforcement. It called for the immediate return of the seized devices and urged the police to conduct their investigations without infringing on journalists' rights or press freedom.

Guidelines on digital privacy for journalists awaited

The incident sheds light on the persistent lack of regulatory safeguards for journalists' digital privacy. In 2023, the Supreme Court directed the central government to frame guidelines on the search and seizure of digital devices from journalists and others. This directive was issued following a public interest litigation (PIL) by the Foundation for Media Professionals (FMP). However, these guidelines are yet to materialise, leaving journalists vulnerable to privacy violations.

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Systemic issues

The Guild also referenced a similar case involving the Delhi Police in 2023, where devices seized from journalists in the NewsClick investigation remain unreturned, further exacerbating fears of misuse and prolonged disruption to media activities.

Guild’s demands

The Editors Guild has appealed to the central government to expedite the implementation of the Supreme Court-mandated guidelines to protect journalists from potential violations of privacy and ensure their ability to report freely. The organisation emphasised the broader implications of such actions on press freedom, urging immediate reforms to prevent further instances of overreach.

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This latest development highlights the ongoing tension between investigative processes and the rights of journalists, raising significant concerns about the balance between law enforcement and press independence.