SC Flags Commercial Misuse of Live-Streamed Hearings
The Supreme Court warns against the commercial exploitation of live-streamed court proceedings, seeking safeguards against selective clipping and misrepresentation.
The Supreme Court of India has expressed grave concern over the growing trend of commercial exploitation of live-streamed court proceedings. Highlighting the potential for serious damage to the judiciary, the apex court emphasized the urgent need for safeguards to prevent the selective clipping, misrepresentation, and use of courtroom videos for personal or professional promotion.
Damage to Judicial Institutions
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana was hearing a petition addressing the unauthorized extraction and monetization of courtroom recordings. During the proceedings, the Chief Justice warned that the misuse of these recordings poses a significant threat to the integrity of the legal system.
"You have no idea the damage caused to Bar and Bench... the institution in itself," the CJI remarked, stressing that the primary purpose of live-streaming is to keep the public informed, rather than to serve commercial interests.
The Problem of Selective Clipping
The court addressed the issue of how short, edited segments of hearings are being used to promote legal professionals. Justice Bagchi noted that using courtroom clips for professional promotion is contrary to the fundamental principles governing the legal profession. The concern is that such snippets can mislead the public by stripping away the context of the entire proceeding.
To counter this, senior advocate Gopal Sankaranarayanan suggested that any reproduction of a hearing should ideally include the entire proceedings, without the addition of misleading titles or descriptions that could alter the perception of the case.
Seeking Safeguards and Guidelines
The bench clarified that its objective is not to restrict live-streaming or to silence any voice. Instead, the focus is on preventing the unauthorized monetization of the judiciary's work. To address this, the court has directed Solicitor General Tushar Mehta to:
- Collate suggestions from various High Courts and relevant stakeholders.
- Formulate specific safeguards to prevent misuse.
- File a counter-affidavit incorporating these proposals.
Previous Directives on Digital Media
This development follows a significant order passed by the apex court in July. The court had previously barred the unauthorized extraction, editing, uploading, or reposting of live-streamed proceedings on social media and digital platforms without prior permission from the Secretary General of the Supreme Court or the Registrar General of the respective High Court. However, the court explicitly stated that these directions would not affect legitimate news reporting of court proceedings.
The current legal scrutiny follows a Public Interest Litigation (PIL) filed by Harshita Grover, which seeks clear guidelines to regulate the clipping, editing, and monetization of audio-visual recordings of court proceedings on digital platforms.