Today, the Supreme Court emphasized the need for distinct guidelines regarding the confiscation of journalists' digital equipment during investigations, recognizing that media professionals rely on their sources to gather news.

In a notable development, the bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia made significant statements during a hearing on a petition filed by the Foundation for Media Professionals. This organization has requested comprehensive guidelines to be established for law enforcement agencies when confiscating journalists' devices.

"This is a serious matter. There should be better guidlines for media professionals. Media professionals have their own sources. We have held right to privacy a fundamental right. There should be a balance," the court said. The matter will be heard next on December 6.

The court has given time to centre to prepare such guidelines. "The Centre should prepare the guidelines. If you want, we will do it. But I think you should do it. This cannot be a State that's run through its agencies," Justice Kaul said.

Additional Solicitor General SV Raju, appearing for the Centre, said the matter before the court relates to complex legal issues. "The media has rights, but it is not above the law," he said.

The petitioner's counsel highlighted the fundamental aspects of this case, emphasizing the conflict between "State power and self-incrimination, privacy." They further pointed out that nowadays authorities often insist on the sharing of passwords or biometrics. The absence of clear directives regarding the circumstances of seizure, the extent of items seized, and the preservation of personal and financial data, which constitute an individual's complete digital footprint, adds to the complexity of the situation.

The court stressed that the Centre must analyse what kind of guidelines are needed in this case. "We would like ASG to work on this and come back on this issue," the court said.

Prior to this, a coalition of 16 press freedom organizations had written a letter to Chief Justice of India DY Chandrachud, appealing for the Supreme Court's intervention in addressing what they described as the "repressive" actions of investigative agencies against the media. Their request specifically sought the establishment of clear guidelines governing the police's seizure of electronic devices belonging to journalists. This plea came in response to the Delhi Police conducting raids on the residences of journalists, editors, and writers associated with the news portal 'Newsclick.' Notably, the founder of NewsClick, Prabir Purkayastha, and its Human Resources head, Amit Chakravarty, were apprehended under the anti-terror law UAPA. It is alleged that the web portal received funds to disseminate pro-China propaganda.