The Bar Council of India (BCI) has recently issued a circular outlining new guidelines to govern the use of social media by legal professionals, including lawyers, law students, and interns. These regulations make it compulsory for individuals seeking enrollment as advocates to submit an affidavit or compliance acknowledgment. This document must confirm that they will abstain from misusing court proceedings, client or chamber materials, and any artificial intelligence-generated content or deepfakes.
According to the BCI’s directive dated July 17, all State Bar Councils are required to adopt this ‘prescribed standalone affidavit or compliance acknowledgment’ as part of the enrollment and regulatory processes. The guidelines are designed to ensure adherence to digital ethics, court decorum, confidentiality, and professional responsibility.
While this requirement is mandatory for new entrants, current advocates are not required to submit a fresh affidavit. However, State Bar Councils are tasked with educating them about the standards related to digital ethics, confidentiality, advertising, and the misuse of AI or synthetic content.
The BCI strongly advises against the creation of reels, videos, or promotional content within court premises, including courtrooms, corridors, bar rooms, chambers, or other judicial buildings. Such activities are deemed inconsistent with the dignity and decorum expected of legal professionals. The circular explicitly refers to Rule 5 and Rule 7 of Section I, Chapter II, Part VI, which prescribes dress codes in court and restricts the wearing of bands or gowns in public except during ceremonial occasions.
Furthermore, the BCI prohibits recording court proceedings without adherence to applicable court rules. It also warns against publishing promotional content that amounts to solicitation, client attraction, or self-promotion, and prohibits juniors or interns from publishing content that the advocate themselves cannot.
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The BCI has also highlighted the prohibition against using sensational or misleading marketing tactics, such as guaranteed legal outcomes, which could mislead the public or commodify legal services. The circular mandates that Bar associations actively circulate this communication among their members and visibly display it on their notice boards, websites, and communication groups.
Additionally, the BCI stresses the importance of transparency, particularly when AI tools are employed to generate or alter content related to legal proceedings or identities. The use of legal attire, court premises, or professional identities for creating glamorous or misleading social media content is strictly discouraged.
The directive, however, does not intend to stifle responsible legal awareness or academic discussions. Activities such as accurate legal reporting, public legal education, and academic seminars remain encouraged.
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State Bar Councils are advised to form Digital Ethics Committees or appoint officers to handle complaints and counsel first-time violators. Serious breaches should be escalated to competent authorities. The BCI warns against using these rules to target lawyers or suppress legitimate criticism, emphasizing that enforcement should be educational, preventive, and proportionate, consistent with the Advocates Act of 1961 and the principles of natural justice.
