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Trial by Hashtag: Constitutional Challenges of Social Media Justice in India

Etisa Debbarma

Etisa Debbarma, Trial by Hashtag: Constitutional Challenges of Social Media Justice in India, Vol. 12 Iss (2), IJLR (2026)

Abstract

The digital transformation of communication has reshaped the relationship between media, public opinion, and justice in India. Social media platforms have expanded democratic participation and access to information but have also given rise to “Trial by Hashtag,” where individuals face public judgment and digital vigilantism before judicial determination. This article critically examines the constitutional implications of social media justice, focusing on the balance between Article 19(1)(a) freedom of speech and the protections of Articles 14 and 21, including fair trial, dignity, reputation, and privacy. Through cases such as the Jessica Lal Murder case, Arushi Talwar Murder case, and Sushant Singh Rajput Death case, along with key judgments like Shreya Singhal v. Union of India, Sahara India v. SEBI, and K.S. Puttaswamy v. Union of India, the study highlights the challenges of misinformation, online condemnation, and platform accountability. It concludes that balanced reforms, digital literacy, and judicial safeguards are essential to protect both free expression and the rule of law.

Keywords

Trial by Hashtag, social Media Justice, Freedom of Speech, Fair Trial, Digital vigilantism, media Trial, privacy, online Harassment, Rule of Law, Judicial Independence, Digital Populism.

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