Citizen’s Perspective or Stone in the Hands of the Mob?

In Nepal, two parallel courts are operating simultaneously: the legally established courts by the Constitution and the digital courts born from smartphones. In today’s society, these two courts function side by side. One is the ‘legal court’ created by the Constitution, which seeks evidence, listens to both sides, and takes time to deliver justice. The other is the ‘digital court’ created by smartphones, which watches a 10-second video, immediately passes judgment, and quickly announces punishment. We currently live in a situation where justice is sought through this kind of digital mob rule.

Recently, there has been an increasing competition to record videos without permission and make them go viral on social media. In some cases, it can be argued that this has brought positive change. Small cameras held by citizens directly challenge delays in hospitals, corruption in government offices, and the arrogance of those in power. In this way, the camera sometimes becomes the ‘third eye of the citizen.’ But the problem begins when the camera fails to become a scale of justice and instead becomes like a stone in the hands of the mob.

There are numerous examples worldwide where such videos have shaken governance systems. The 2020 killing of George Floyd by a 44-year-old white police officer in the United States is unforgettable. A video recorded by a civilian became indisputable evidence of the truth and raised global awareness against systemic racism. However, in 2019, a short video from Covington Catholic High School went viral based on mistaken interpretations. The courts later acquitted those teenagers and fined media companies.

Nepal’s Constitution of 2072 (2015) is in effect, granting us the right and freedom of expression. The Muluki Criminal Code 2074 (2017) and the Privacy Act 2075 (2018) consider it a punishable offense to photograph or publicly share someone’s image without permission. Sadly, while the law remains confined to textbooks, verdicts are now being made in Facebook comment sections.

It may be a citizen’s duty to gather evidence, but turning that into a ‘digital court’ and masquerading it as justice is injustice. If there is evidence, submit it to the relevant authorities. Even then, avoid making videos viral without consent to exploit social gain. In the end, ask yourself — what kind of society are we building?