29/05/2026
Ravi Philemon says, "Courts donโt deal in some magical thing called โtruthโ โ they deal in whatever version of the truth you can actually afford to bring in. If youโve got money, you can pay for lawyers, experts, long fights and clean narratives. If you donโt, youโre stuck with scraps, burnout and a hard stop when the bills hit. Thatโs what โtruth decayโ really looks like long before anyone posts a single thing on social media."
๐๐ก๐ข๐๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐๐ง๐จ๐ง ๐๐ฌ ๐๐ข๐ ๐ก๐ญ ๐๐๐จ๐ฎ๐ญ ๐๐ซ๐ฎ๐ญ๐ก ๐๐๐๐๐ฒ ๐๐ฎ๐ญ ๐๐ญ ๐๐๐ ๐๐ง ๐ข๐ง ๐ญ๐ก๐ ๐๐๐ซ๐ค ๐๐จ๐จ๐ฆ ๐จ๐ ๐๐๐ฐ, ๐๐จ๐ญ ๐ข๐ง ๐ญ๐ก๐ ๐๐ข๐ ๐ก๐ญ ๐จ๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐
Chief Justice Sundaresh Menon said recently that "anyone now has access to mass media and mass reach, and it gives you the opportunity and the platform to pontificate on what you want to pontificate on, to propose the viewpoint that you think is true." He said this is a "huge challenge" for the courts, because they are fundamentally truth-seeking institutions focused on discerning truth and making verdicts based strictly on the evidence before them.
Justice Menon is right, and his warning about "truth decay" is timely. But social media โ the reason he points to โ is at most a partial cause. The more important piece of the puzzle is access to justice.
The first Chief Minister of Tamil Nadu, C. N. Annadurai, said it long before social media existed: "The law is a dark room, where the lawyer's argument is a lamp. But it is a lamp that is inaccessible to the poor."
The dark room has not changed. The lamp is still out of reach for most people. And a verdict rendered in the dark โ on incomplete, resource-filtered evidence โ may be procedurally fair, but it is not the whole truth.
๐๐ก๐ ๐๐ซ๐ข๐๐ ๐จ๐ ๐๐๐๐๐ก๐ข๐ง๐ ๐ญ๐ก๐ ๐๐ซ๐ฎ๐ญ๐ก
The fact is truth is expensive. And very often it is hidden in the vault of the rich and powerful. Truth in court is procedural โ it emerges from what evidence is marshalled, tested, and admitted. And the capacity to marshal evidence is not equal. Access to investigators, expert witnesses, and research teams is a luxury most people cannot afford. But it is not merely a luxury โ it is the mechanism by which facts become legally cognizable truth.
But this is not just about scarcity. The rich and powerful also shape which parts of the truth are brought into the open. They have the money to pursue or defend claims for years, to commission private investigations and expert reports when it suits them, and to challenge or outspend those who cannot keep up. They can ration which facts are tested in court and which are buried in paperwork or private settlements, while everyone else is left to live with whatever version survives. That is the rot at the core, and it is the part the system still does not fix.
The World Justice Project puts it starkly: people living in poverty are not just less likely to win legal disputes. They are more likely to face legal problems in the first place, more likely to hit barriers when trying to resolve them, and they bear the greater hardship as a result. The gap between what happened and what can be proved is, in large part, a function of resources.
This is what criminogenic asymmetry looks like โ where the justice system structurally advantages those with social and economic power, not by being corrupt, but by operating exactly as designed. A verdict rendered fairly on the presented evidence can still be a verdict rendered on an incomplete, resource-filtered version of reality. Facts are not truth. They are what truth looks like after it has been filtered through power.
๐๐ก๐ ๐๐ก๐จ๐ญ๐จ๐ ๐ซ๐๐ฉ๐ก ๐๐ก๐๐ญ ๐๐จ๐ฅ๐ ๐ญ๐ก๐ ๐
๐๐๐ญ๐ฌ ๐๐ง๐ ๐๐ซ๐๐ฌ๐๐ ๐ญ๐ก๐ ๐๐ซ๐ฎ๐ญ๐ก
Consider what happened to General Nguyen Ngoc Loan.
In 1968, AP photographer Eddie Adams captured the moment a South Vietnamese police chief raised a pistol to the head of a Viet Cong captive and pulled the trigger. The photograph won a Pulitzer Prize. It became one of the most recognised images of the Vietnam War. And it destroyed a man.
Every fact in that photograph was real. A uniformed officer. A handcuffed prisoner. A public ex*****on. The facts were not manipulated. They were not fabricated. They were simply โ incomplete.
What the photograph did not show was what happened moments before. The captive, Nguyen Van Lem, had just led a Viet Cong death squad that murdered a South Vietnamese army lieutenant, his wife, and their six children โ their throats cut. General Loan arrived at that scene. He knew the family. He was fighting a war where the line between civilian and combatant had completely dissolved.
Eddie Adams spent the rest of his life haunted by what he had done. He wrote: "The general killed the Viet Cong; I killed the general with my camera. Still photographs are the most powerful weapon in the world. People believe them, but photographs do lie, even without manipulation. They are only half-truths."
General Loan was vilified across the world. He was refused medical treatment in Australia. He spent his remaining years running a pizza parlour in Virginia, hounded by the fact of a photograph that told everything that happened and nothing of what it meant.
No court convicted him. The facts did.
Facts are isolated data points โ rigid, measurable, verifiable. Truth is the ecosystem those facts live in. A fact tells you what happened. Truth tells you what it meant.
And now we have more than the camera.
๐๐ก๐๐ง ๐๐ซ๐ฎ๐ญ๐ก ๐๐ฌ ๐จ๐ง ๐ ๐๐ฅ๐ข๐๐ข๐ง๐ ๐๐๐๐ฅ๐ ๐๐ง๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐ฌ ๐๐ง๐ฅ๐ข๐ง๐ ๐๐ง๐ฅ๐ฒ ๐ญ๐จ ๐๐๐ฌ๐ฌ ๐ญ๐ก๐ ๐๐๐ญ
This is the world Chief Justice Menon is warning us about. Social media has given everyone the power to strip context, flatten truth into a single frame, and broadcast it to millions before anyone can say otherwise. In that sense, he is right โ it is a huge challenge for the courts.
But here is the harder question he leaves unanswered: if the courts are truth-seeking institutions, and truth itself is already inaccessible to those without power and resources โ what exactly are the courts seeking? And for whom?
The decay of truth did not begin with social media. It began the moment we accepted that justice and truth were available on a sliding scale โ that what you could prove depended on what you could afford, and that the verdict of the powerful has historically carried more weight than the testimony of the poor.
Social media has made it worse. But it did not make it so. In most real battles for truth, social media plays almost no role, except perhaps as a place to pass the hat for legal fees.
The real fight is quieter. Think of an ordinary person who believes a powerful institution has wronged them โ a university, a hospital, a large employer. They start with an internal complaint. Doors close. So they turn to the courts.
The institution comes with inโhouse counsel, external law firms, and a budget line for litigation. The individual comes with their savings and maybe a crowdfunding page. Over the years, they exhaust their money, their mental health, and their time, while the institution keeps filing affidavits and appeals as a matter of routine.
In the end, the individual may lose not only the case but also face crushing cost orders, statutory demands, and even the risk of bankruptcy. The institution moves on. The individual is left carrying the full weight of โaccess to justice.โ
๐๐ข๐ ๐ก๐ญ๐ข๐ง๐ ๐ ๐๐๐ฆ๐ฉ ๐ข๐ง ๐ญ๐ก๐ ๐๐๐ซ๐ค ๐๐จ๐จ๐ฆ
There are practical ways to dull this asymmetry. Raise legal aid thresholds so more people in that position actually qualify. Put real caps on the legal costs an ordinary person can be made to pay when they take on a large institution. Allow structured โno win, no feeโโtype arrangements in at least some civil cases, so serious claims are not strangled at birth by lack of funds. Fund independent legal clinics that stay with people beyond one quick advice session.
These are not utopian ideas. The United Nationsโ Principles and Guidelines on Access to Legal Aid, the OECDโs work on peopleโcentred justice, and reports by the World Justice Project and Open Society Justice Initiative all point in this same direction: without affordable lawyers, cost protection, and early legal help, โaccess to justiceโ exists only on paper.
The dark room will not light itself. Chief Justice Menon has named the danger of โtruth decayโ; lighting even a small lamp now means widening access, lowering the cost of reaching the truth, and bringing those with less access closer to the light of justice.