Spike in social media cases prompts Karnataka police to apply Supreme Court safeguards

Bengaluru: With Karnataka witnessing a spike in social-media cases, DG&IGP MA Saleem has directed police personnel in the state to apply strict legal safeguards while registering and investigating complaints on social media posts, provocative, frivolous and defamatory speeches from now on.Some key signposts: complaints by unrelated third parties are not maintainable; cops must conduct a preliminary inquiry before accepting a complaint; cases on harsh, offensive, or critical political speech won't be mechanically registered; and if a complaint is found to be frivolous, vexatious, or politically motivated, police will close the matter.
The guidelines gain significance as Karnataka registered 2,288 cases linked to offensive or defamatory posts on social media between 2022 and 2025, and arrested 1,613 persons during the period. It has taken down 1,331 posts and permanently deleted 199 accounts.The eight legal safeguards listed by the DG&IGP were laid down by the Telangana high court and recently upheld by the Supreme Court. The move follows a representation by Bengaluru-based advocate Girish Bharadhwaj, who wrote to the DG&IGP on Feb 6, flagging "mechanical" registration of FIRs and arrests in some social media-related cases. "Defamation is a non-cognizable offence and cannot be the subject of an FIR without a magistrate's order. Political and critical speech enjoys constitutional protection unless it amounts to incitement to violence or public disorder, and arrests must strictly comply with established safeguards," his letter said.Acting on the advocate's representation, Saleem issued a circular the very next day. The top police officer maintained that past cases have been legally vetted. "All cases registered so far were booked only after taking legal opinions. Since the Supreme Court has laid down specific guidelines, we are now ensuring strict adherence (to it)," he told TOI.Additional DGP R Hitendra said most of those booked were politically affiliated individuals or ideological followers who posted abusive or defamatory content. "No innocent persons were booked. The acts were intentional and malicious. In some cases, fans of celebrities were also booked for defamatory posts, though their numbers are comparatively lower," he said.