The Power of Citizen Journalism Supported by the New Evidence Law

This article is written by Mansi Mishra, GGSIPU Delhi.

With smartphones and social media becoming the norm in the world we live in, individuals from the general public have become active reporters of any happenings around them. At times, videos recorded or images posted by individuals on social media sites have shown the truth even before media organizations get there. This activity has come to be known as citizen journalism and has become instrumental in providing information that would otherwise not have been brought to the forefront.

Legally, the value of such information has always been under threat because of issues regarding the authenticity, admissibility, and credibility of such information. With the coming into effect of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which was enacted to supersede the Indian Evidence Act, 1872, this aspect has been addressed. The recognition of electronic and digital evidence as documentary evidence has made citizen journalism relevant legally.

Keywords: Citizen Journalism, Bharatiya Sakshya Adhiniyam, Digital Evidence, Electronic Records, Social Media Evidence

Citizen Journalism Explained

Citizen journalism can be defined as the process of documenting and distributing information on news by individuals not professionally working as journalists. The use of technology such as mobile devices that can be used to capture images as well as the internet has enabled individuals to capture and pass information across the globe.

Citizen journalism has been instrumental in cases where emergencies, demonstrations, natural disasters, and scenarios involving public office holders were involved. In some cases, the evidence recorded has been first-hand and difficult to obtain. The advancement of technology has led to confusion between professional journalism and citizen journalism.

Electronic Evidence in India Before the Bharatiya Sakshya Adhiniyam

Prior to the enactment of Bharatiya Sakshya Adhiniyam, the Indian Evidence Act was used for the regulation of electronic evidence, which was covered by the Information Technology Act 2000. The issue that arose before courts in regard to electronic evidence was their authentication and admissibility into evidence. Judges in several landmark cases highlighted the importance of certifying electronic records. This gave rise to legal provisions regarding electronic evidence. Due to the evolution in technology, gaps emerged in the law, and hence, a new law was formed.

The Bharatiya Sakshya Adhiniyam 2023 is a law that seeks to make the laws on evidence applicable to today’s age, where communication through the Internet, social media, computer records, and technology plays an important part.

Recognition of Digital Evidence Under the Bharatiya Sakshya Adhiniyam, 2023

The recognition of digital evidence by the BSA is perhaps one of its greatest achievements. Under this law, any electronic or digital records qualify as documentary evidence and can be considered in courts for determining the facts of the case.

The digital materials that have been accorded such importance under the new law include:

  • Social media postings.
  • Audio-video clips from cell phones.
  • CCTV camera records.
  • Emails.
  • Publications in websites.
  • Audio/video recordings.
  • Photographs or screenshots.

The above recognition opens the door wide for the contribution of citizen journalists, whose videos captured on their mobile phones can be admissible as evidence in civil/criminal cases.

How the New Evidence Law Enables Citizen Journalism?

1. Evidentiary Importance of Digital Records

In many criminal/civil cases, evidence often tends to be recorded digitally through mobile phones. With the increased recognition of electronic records, there is an increased chance that such evidence created by citizens will be used by courts to determine facts and liability.

2. Improving Transparency and Accountability

The practice of citizen journalism has been invaluable in terms of exposing malpractices of public officials, organizations, and even ordinary people. By virtue of increased recognition accorded to electronic evidence, it becomes easier for citizens to help improve accountability in their society. Where the usual means of documentation prove ineffective, evidence provided by citizen journalism will come into use.

3. Enhancing Criminal Investigations

It is not rare when the footage and photos recorded by citizens become useful for the law enforcement authorities to track down the suspects, reconstruct the events, and verify statements provided by witnesses. As a result, BSA’s new position regarding electronic evidence allows the investigations departments and even courts to rely heavily on credible digital evidence created by regular citizens.

4. Promoting Participatory Democracy

One of the main advantages of citizen journalism is that it facilitates public participation in discussions. With the acceptance of citizen journalism as evidence in legal systems, people will actively engage in the process of finding truth and dispensing justice. The New Evidence Standard Affirms the Notion That Critical Information Can Come from Any Citizen Rather Than From Institutional News Media Organizations.

Legal Problems and Risks

There are some risks and concerns associated with the implementation of the BSA model, despite all its benefits.

Potential for Alteration

Content created with the use of technology can be edited with editing software, artificial intelligence, or deepfakes. Judges need to be careful when trying to establish whether electronic records are authentic.

Privacy Issues

Sometimes, private persons and situations can get recorded in the course of citizen journalism. This might create problems connected with data protection and privacy rights.

Misinformation and Fake News Dissemination

The spread of news on the Internet is not difficult. Nevertheless, this poses an issue whereby false news is circulated using the guise of news.

Importance of Citizen-Generated Evidence in the Court of Law

Increasingly, Indian courts have made use of electronic evidence to resolve disputes pertaining to facts. CCTV footages, mobile videos, social media exchanges, and digital pictures have become part and parcel of court evidence. By aligning with modern day advancements, the BSA will facilitate this trend. As already mentioned above, citizen-generated evidence could prove to be very relevant in many cases. Courts are likely to see more and more such evidence in future.

Moving forward

The effectiveness of the Bharatiya Sakshya Adhiniyam in encouraging citizen journalism will require consideration to be made with regard to judicial interpretation, technological matters, and citizen awareness. In particular, special training must be provided to authorities with respect to handling digital evidence. At the same time, citizens themselves should realize what kind of obligations they will have in connection with the process of reporting through modern technologies. Given the constant advancements, evidence law has to be flexible enough to adapt to new trends.

Conclusion

With the advent of citizen journalism, there is an obvious change in the production and dissemination of news. It has become possible for citizens to use technology to document and disseminate news in a way that makes it possible for them to hold other people accountable for their deeds. The Bharatiya Sakshya Adhiniyam, 2023 captures this reality by offering enhanced protection and recognition to electronic and digital evidence.

By making electronic evidence one of the most important types of evidence in modern-day judicial proceedings, the BSA increases the relevance of citizens in matters of justice. Though issues related to authenticity and reliability, as well as concerns over invasion of privacy, still pose a challenge, it cannot be denied that the BSA presents a modern legal framework that accommodates digitisation.

Cases
Law Commission Reports
Government Sources
Journalism and Media Ethics Sources

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