Supreme Court Issues Interim Order on Court Proceedings Videos
In a significant move to curb the misuse of court hearing videos, the Supreme Court of India, on Friday, issued a temporary order prohibiting the unauthorized use or distribution of live-streamed court proceedings across social media and other digital platforms without proper consent. This landmark decision aims to preserve the integrity of judicial processes while ensuring that news reporting remains unaffected.
Details of the Interim Order
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the interim order. The decision came while reviewing a plea aimed at stopping the unauthorized extraction and monetization of court proceeding videos. According to the court’s directive, any posting, extraction, or monetization of live-streamed proceedings on digital platforms will require prior approval from the court’s Registrar and Secretary General, as well as the Registrar Generals of High Courts. This order will be prominently displayed on the respective court websites.
Responses Sought from States and Central Government
The Court has requested responses from all states and urged the Central Government to examine the feasibility of implementing the plea’s prayers. Additionally, the Bench has sought a comprehensive report from High Courts on the rules governing live-streaming of courtroom hearings, including the feasibility of continuous live streaming.
Clarifications and Concerns
Justice Mohana clarified that the interim order does not intend to restrict press freedom. “This is not a gag order on the press,” she asserted. During the hearing, the Bench expressed concerns about the practicality and fairness of live-streaming all court hearings indefinitely, especially after instances of unauthorized video circulation were highlighted. Senior Advocate Vikas Singh pointed out the misuse of such recordings, prompting the Court to consider a more regulated approach.
Judicial Observations
Justice Bagchi remarked on the challenges posed by the public dissemination of courtroom videos, emphasizing that court hearings should not be trivialized as entertainment. “This is the biggest challenge, to manage the data. Don’t make live-streaming an option, but an exception. There cannot be 24×7 courtroom entertainment. That belittles the justice system,” he commented.
More Read
Technological Concerns
Solicitor General Tushar Mehta raised concerns regarding the potential misuse of courtroom footage, emphasizing how technological tools, including Artificial Intelligence (AI), can alter content. “There are IT tools or AI tools that can now alter spoken words while preserving the same lip movements,” he warned, highlighting the broader implications of such technologies.
Call for Regulated Access
Justice Bagchi proposed that while courtroom proceedings could continue to be recorded, access should be restricted to maintain the sanctity of the justice system. “As a data repository, we can have court recording and archive it in a data repository. The access and availability to the electronic record of court proceedings can be restricted,” he suggested.
Guardrails for Courtroom Recordings
The Bench hinted at implementing measures to regulate access to courtroom recordings, ensuring that the integrity of the judicial process is preserved. “The link (to access court hearings virtually) that is given to lawyers is also given to the public. We cannot stop the demon that is out of the bag but we can regulate to maintain the sanctity of our institution,” Justice Bagchi remarked before adjourning the case for the day.
