TRIAL BY SOCIAL MEDIA: THE SOCIOLOGY OF DIGITAL PUNISHMENT BEFORE THE COURTROOM

The paper analyses the phenomenon of “trial by social media,” differentiating it from traditional trial by media as both a sociological and legal concept. With reference to theories of the informal control of behaviour, stigma, and digital vigilantism, the text points out how different kinds of platforms increase the message of moral indignation through their algorithms, flatten different contexts, and disseminate responsibility among anonymous users. A comparative analysis shows different approaches to regulation in the USA, India, and the EU, particularly looking at the role of Section 230, the Shreya Singhal case, and the Digital Services Act for the understanding of legal liability of platforms. Evidence from Pew Research studies indicates the extent and severity of online harassment, while studies of virality and networked misogyny underline the higher degree of vulnerability of some groups. The author of the paper emphasises that while trials by social media are resistant to established approaches to regulation due to the absence of due process, they nevertheless reveal the failures of institutions and require new forms of accountability. Ultimately, the analysis places digital punishment in larger discussions about justice, governance, and outrage politics. It concludes that both co-regulatory and restorative methods are effective but come with their own challenges relating to censorship and legitimacy.