SC orders states to formulate media briefing policy for police within three months

The Supreme Court has recently directed all States to frame a policy governing police media briefings, taking into account a “Police Manual for Media Briefing” submitted before it by the amicus curiae. The Court has granted the States a period of three months to complete the exercise.

“We deem it appropriate to direct the States to evolve an appropriate policy for Media Briefing by taking into consideration the Police Manual for Media Briefing furnished by the learned Amicus Curiae. The needful will have to be done within a period of three months from the date of receipt of a copy of this order”, observed a Bench comprising Justices MM Sundresh and NK Singh.

The Manual was placed before the Court by senior advocate Gopal Sankaranarayanan, who assisted as amicus curiae after examining the Union government’s submissions and international best practices.

Initially, the Court had allowed the States time to independently take steps in this regard. However, since that approach did not yield satisfactory results, the Court decided to conclude the matter by issuing a binding direction requiring States to formulate appropriate policies.

The Court also directed that the Manual be uploaded on the Supreme Court’s official website for public access.

About the Manual
The Manual is structured into four parts—Foundation, Scope and Purpose (Part 1); Authority, Structure and Workflow (Part 2); How to Brief (Part 3); and Operations, Training and Compliance (Part 4).

It lays down a comprehensive framework for police interaction not only with the media but also with the general public. The objective is to strike a balance between the public’s right to timely and accurate information and the rights of victims, accused persons and witnesses, while safeguarding the integrity of criminal investigations.

The scope of the Manual is wide, covering communications issued through designated spokespersons, district media cells, officers at the scene, official social media handles, as well as press notes, interviews, SMS alerts, posters and audio-visual material.

It also outlines a 90-day implementation plan in three phases: establishment of institutional infrastructure, capacity building, and validation and audit. The process is to begin with the formation of Media Briefing Cells.

The Manual stresses that disclosures should not result in “trial by media” and sets out clear protocols on the nature of information that may be shared at various stages, including pre-FIR, investigation, and arrest or remand.

Key recommendations of the Manual
Among its major features, the Manual proposes that every media briefing must satisfy four tests—legality, necessity, proportionality and accountability.

1. It cautions against disclosures that could prejudice a case or contaminate information, advising police to avoid commenting on the merits of matters under investigation or revealing witness accounts. Language used should remain neutral and limited to procedural developments such as “FIR registered”, without implying guilt, particularly when trials are ongoing.
2. The Manual underlines the importance of identity protection, stating that identifying details should not be disclosed unless informed consent is lawfully obtained and such disclosure serves the survivor’s interest.
3. It also mandates non-discrimination, prohibiting references to caste, religion, gender, disability or migration status unless strictly required for immediate safety concerns.
4. Records of all briefings must be maintained, and only authorised spokespersons or officers designated by the head of the district, commissionerate or unit may interact with the media or issue public statements.
5. Police spokespersons are required to adhere to the Press Council of India’s Norms of Journalistic Conduct (2022) and the News Broadcasting and Digital Standards Authority (NBDSA) guidelines.
6. Media Briefing Cells are tasked with assessing each disclosure on parameters such as public interest, impact on fair trial rights, privacy concerns, operational risks, rumour control and effects on survivors or juveniles. Where cumulative risk exceeds acceptable limits, disclosures should be deferred, anonymised or replaced with holding statements.
7. The Manual prescribes disciplinary action for unauthorised disclosures, treating leaks or unauthorised interviews as misconduct and, where appropriate, prosecuting offences under laws relating to official secrecy or contempt.
8. For communal or caste-sensitive incidents and public order situations, it advises the use of neutral and de-escalatory language, cautioning against attributing motives or group identities until verification is complete.
9. In cases involving custodial deaths or alleged excesses, the Manual calls for immediate acknowledgement of the incident and initiation of all mandated legal processes, including magisterial inquiries and statutory notifications.
10. With regard to suicides and self-harm, it advises against publishing methods or images, recommends non-sensational reporting, and stresses the inclusion of mental health helpline information.
11. On social media governance, the Manual suggests limiting or disabling replies for sensitive posts, avoiding identifiable visuals, refraining from political commentary or debates on ongoing cases, and prioritising transparent corrections over silent deletions.

(With Live Law inputs)