The Karnataka government has issued new guidelines to prevent automatic registration of First Information Reports (FIRs) and arrests linked to social media content. These guidelines, released through an official circular by the Director General and Inspector General of Police, emphasize the need for thorough preliminary inquiries before registering cases related to social media posts. The circular highlights the importance of adhering to the Supreme Court’s directives and the guidelines set by the Telangana High Court regarding FIR registration for social media-related cases.
The guidelines mandate verification of locus standi, preliminary inquiry for cognizable offenses, a stricter approach to media or speech-related offenses, protection of political speech, recognition of defamation as a non-cognizable offense, adherence to established arrest procedures, legal review in sensitive cases, and protection against baseless or motivated complaints. It stresses the importance of verifying the complainant’s eligibility as the aggrieved party before registering an FIR for alleged defamation or similar offenses.
Moreover, the guidelines restrict the registration of cases alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition unless there is clear evidence of incitement to violence, hatred, or public disorder. The guideline also emphasizes that cases involving harsh, offensive, or critical political speech should not be mechanically registered unless they involve incitement to violence or an imminent threat to public order.
According to the guidelines, since defamation is considered a non-cognizable offense, the police are not authorized to file an FIR in such instances. Complainants are advised to approach the relevant magistrate for further action, with police intervention allowed only upon specific orders from a Magistrate under Section 174(2) of the BNSS, as outlined in the guideline.
