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• Supreme Court Justice Joymalya Bagchi has identified Big Tech algorithms as the biggest threat to judicial independence in India.
• These algorithms fuel sensationalism, online outrage, and misinformation even before court verdicts are delivered.
• Live-streamed court proceedings have produced unintended consequences, including unauthorised video clips and online abuse.
• Justice Bagchi has proposed safeguards to address these concerns and preserve the integrity of the judicial system.

Today, the biggest threat to judicial independence and informed public opinion is not the other organs of the government, but the machine learning algorithms of the big tech, trained to tilt the public opinion against judicial process, not as fair comment, but a curated public outrage for sensationalisation and profit maximisation.

Supreme Court Justice Joymalya Bagchi recently sounded the alarm about the biggest threat to judicial independence in India. Speaking at a national symposium, he identified Big Tech algorithms and social media misinformation as the primary culprits. According to Justice Bagchi, these algorithms fuel sensationalism, online outrage, and the spread of misinformation even before court verdicts are delivered. This has fundamentally altered public perception of justice and placed unprecedented pressure on judges.

Justice Bagchi's comments come at a time when live-streamed court proceedings have become increasingly common in India. While this initiative has enhanced transparency, it has also produced unintended consequences. Unauthorised video clips of judicial proceedings can be easily extracted or copied from the live-streamed content, leading to trolling and misinformation.

The widespread reach of live-streaming has also encouraged performative conduct inside courtrooms. Justice Bagchi warned that judges and lawyers are increasingly tempted to grandstand in front of a wider audience, altering the pursuit of truth into a 'judicial theatre of hyperbole'.

The issue of Big Tech algorithms threatening judicial independence is not new. However, Justice Bagchi's comments highlight the growing concern that these algorithms are being used to manipulate public opinion against the judicial process. This has significant implications for the integrity of the judicial system.

In India, the Supreme Court has been live-streaming court proceedings since 2018. While this initiative was aimed at increasing transparency and accessibility, it has also raised concerns about the potential for misinformation and online abuse. Justice Bagchi's comments suggest that these concerns are being realised, with judges facing online backlash for delivering decisions that do not align with popular sentiment.

The challenge posed by Big Tech algorithms is further complicated by the fact that they were never designed to handle the complexities of social media. As a result, misinformation can spread rapidly and outrun any subsequent correction.

Justice Bagchi's warnings about the threat posed by Big Tech algorithms are timely and important. Lawyers and compliance officers should be aware of the potential for these algorithms to spread misinformation about judicial decisions, which can impact public perception and pressure judges.

The implications of live-streaming court proceedings on the integrity of the judicial process also cannot be overstated. While transparency is essential, it must not come at the cost of undermining the independence of the judiciary. Justice Bagchi's proposals for safeguards to address these concerns are a crucial step towards preserving the integrity of the judicial system.

Ultimately, the challenge posed by Big Tech algorithms requires a nuanced and multi-faceted response. It demands that we rethink our approach to social media and its impact on public perception of justice. By doing so, we can ensure that the judiciary remains independent and impartial, upholding the rule of law in India.

Lawyers and compliance officers should be aware of the potential for Big Tech algorithms to spread misinformation about judicial decisions, which can impact public perception and pressure judges. They should also consider the implications of live-streaming court proceedings on the integrity of the judicial process.

Source: Original reporting via The New Indian Express