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Jan  22- 2026

SUPREME COURT DIRECTS STATES TO FRAME POLICY ON POLICE MEDIA BRIEFINGS

PEOPLES UNION FOR CIVIL LIBERTIES V. THE STATE OF MAHARASHTRA

Introduction

In a significant step aimed at safeguarding fair trials, protecting individual rights, and ensuring responsible dissemination of information, the Supreme Court of India has directed all States to formulate a comprehensive policy governing police media briefing. The directive comes in light of a detailed Police Manual for Media Briefing submitted by the amicus curiae to the Court.

The Supreme Court’s Direction

A Bench comprising Justice M.M. Sundresh and Justice N.K. Singh observed that unregulated police briefings to the media have the potential to prejudice investigations, compromise privacy, and result in “trial by media.” Noting that earlier opportunities given to States to independently take corrective measures had not yielded satisfactory results, the Court issued a clear mandate.

The Court directed all States to evolve and adopt an appropriate policy on police media briefings within three months from the date of receipt of the order, taking into consideration the Police Manual for Media Briefing furnished by the amicus curiae

Role of the Amicus Curiae

Senior Advocate Gopal Sankaranarayanan, appointed as amicus curiae, placed before the Court a comprehensive Manual after examining:

  • Submissions of the Union Government, and
  • International best practices on police–media engagement.

The Court also directed that the Manual be uploaded on the Supreme Court’s official website to enable easy access and reference by States and police authorities across the country.

What Is the Police Manual for Media Briefing?

The Manual is structured into four distinct parts, offering a holistic framework for police communication with both the media and the public:

  1. Foundation, Scope and Purpose – Lays down guiding principles and objectives.
  2. Authority, Structure and Workflow – Defines institutional responsibility and approval mechanisms.
  3. How to Brief – Provides protocols on the nature, timing, and content of disclosures.
  4. Operations, Training and Compliance – Focuses on implementation, training, monitoring, and accountability.

The overarching purpose of the Manual is to strike a balance between the public’s right to timely and accurate information and the rights of victims, suspects, and witnesses, while preserving the integrity of criminal investigations.

Scope and Applicability

       The Manual has wide applicability and covers:

    • Police spokespersons and designated officers,
    • District and unit-level media cells,
    • On-scene officers,
    • Social media handles of police departments, and
    • Various modes of communication such as press notes, interviews, SMS alerts, posters, and audio-visual content.

90-Day Adoption Plan

      To ensure structured implementation, the Manual prescribes a 90-day adoption plan in three phases:

    1. Institutional Infrastructure – Constitution of Media Briefing Cells.
    2. Capacity Building – Training of authorized spokespersons and officers.
    3. Validation and Audit – Review, compliance checks, and corrective measures.

Key Safeguards and Principles in the Manual

1. Disclosure Tests

Every police briefing must satisfy four mandatory tests:

  • Legality – There must be a lawful basis with no statutory bar on disclosure.
  • Necessity – Disclosure must be essential to achieve a legitimate public objective.
  • Proportionality – Only information strictly necessary should be disclosed.
  • Accountability – Information must be verified, approved, and issued through designated briefing cells.
  1. Preventing Prejudice and “Trial by Media”

Police briefings must:

  • Avoid commenting on merits of the case,
  • Refrain from suggesting guilt, especially during ongoing trials,
  • Use neutral language limited to procedural milestones (e.g., “FIR registered”), and
  • Avoid disclosure of witness statements or operational details.
  1. Protection of Identity and Privacy
  • No distinctive descriptors of victims or survivors should be disclosed unless lawful informed consent is obtained and disclosure is in their interest.
  • Particular care must be taken in cases involving juveniles and vulnerable persons.
  1. Non-Discrimination

Briefings must not refer to caste, religion, gender, disability, migration status, or similar attributes unless such disclosure is absolutely necessary for immediate safety or public order.

  1. Record-Keeping and Authorization
  • Records of all media briefings must be maintained.
  • Only authorized spokespersons or officers designated by the Head of the District, Commissionerate, or Unit may interact with the media.
  1. Ethical and Regulatory Guidance

Police spokespersons are required to be guided by:

  • Press Council of India – Norms of Journalistic Conduct (2022), and
  • News Broadcasting and Digital Standards Authority (NBDSA) Guidelines.
  1. Risk Assessment by Media Briefing Cells

Each proposed disclosure must be evaluated on parameters such as:

  • Public-interest necessity,
  • Risk of prejudice to a fair trial,
  • Privacy implications,
  • Operational or security risks,
  • Rumour-suppression value, and
  • Impact on survivors and juveniles.

If the cumulative risk is excessive, the disclosure must be deferred, anonymized, or replaced with a neutral holding statement.

  1. Penalties for Unauthorized Disclosures

Unauthorized interviews, leaks, or briefings shall amount to misconduct and invite disciplinary action. In appropriate cases, prosecution for breach of official secrecy or contempt of court may follow.

  1. Sensitive Situations
  • Communal or caste-sensitive incidents: Use neutral, de-escalatory language and avoid attributing motives prematurely.
  • Custodial deaths or alleged police excesses: Immediate acknowledgment and initiation of statutory processes, including magisterial inquiry.
  • Suicides and self-harm: Avoid sensationalism, do not disclose methods or images, and always include mental health helpline information.
  1. Social Media Governance
  • Disable or limit replies for sensitive posts where possible.
  • Avoid identifiable faces and political commentary.
  • No debate or engagement on ongoing cases.
  • Corrections should be transparent rather than silently deleting posts.

Conclusion

Through this judgment, the Supreme Court has underscored the critical need for uniform, accountable, and rights-sensitive police communication practices across India. By mandating States to frame policies based on the Police Manual for Media Briefing, the Court has taken a decisive step toward curbing sensationalism, preventing trial by media, and reinforcing the rule of law, while ensuring that the public remains accurately and responsibly informed.