Draft Model Rules for Live-Streaming and Recording of Court Proceedings

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Recently, the Supreme Court (SC) e-Committee has released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings.

• The e-Committee is working with the Department of Justice and has invited suggestions and inputs from all stakeholders by 30^th June 2021.

Background

• The SC, in the judgment of Swapnil Tripathi and Indira Jaisingh case, 2018, held that telecast of important cases to an audience outside the courtroom would usher in greater transparency and aid accountability.
• The e-Committee held that the right of access to justice, guaranteed under Article 21 of the Constitution encompasses the right to access live court proceedings.
• A sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka High Courts was constituted to frame the model draft Rules. It held extensive deliberations and it took into account the SC’s stand in 2018.

About the Draft Rules

• These are part of the National Policy and Action Plan for implementation of Information and Communication Technology (ICT) in the judiciary.
• These are framed in the exercise of powers under Article 225 or relevant statute where applicable, and Article 227 of the Constitution of India.
  • Article 225 empowers the High Court to make rules regarding proceedings and other matters connected to the High Court.
  • Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, except a court formed under a law related to armed forces.
• They would cover live-streaming and recording of proceedings in High Courts, lower courts and tribunals.
• Methodology
  • Cameras would be positioned at five angles covering the Bench, lawyers on both sides, accused and witnesses.
  • A remote control device would be provided to the presiding judge on the Bench to pause or stop the livestream at any time.
  • Personal information such as date of birth of parties, home address, identity card number, bank account information, and the personal information of related parties, such as close relatives, witnesses and other participants, will be deleted or muted during live-streaming.
  • In order to decongest the court rooms, dedicated room(s) for viewing the Live- stream may be made available within the Court Premises.
    • Access shall be given to law researchers, staff, litigants, academicians, and media personnel authorised to enter the Court.
• Parties to the cases have been given the option of raising objections to live-streaming by specifying their reasons. 
• The final decision as to whether or not to allow the live-streaming of the proceedings or any portion thereof will be of the Bench.
  • However, the decision of the Bench will be guided by the principle of an open and transparent judicial process.
• In cases where the proceedings are not live-streamed, the recording shall be maintained for usage by the courts and can be given to the parties at appropriate stages after required redaction and filtration.
• The content of the recordings would be vetted and posted, usually within three days of the conclusion of the proceedings.
• The content would be posted on the court website or made available on digital platforms authorised by the court.
• No person/entity (including print and electronic media, and social media platforms) other than an authorised person/entity shall record, share and/or disseminate live-streamed proceedings or archival data.
• Underlining any unauthorised usage of the live stream will be punishable as an offence under the Indian Copyright Act, Information Technology Act and other provisions of law, including the law of contempt.
• The committee is working towards ensuring proper infrastructure so that high courts across the country have an efficient platform to stream the proceedings.
  • Going forward, infrastructural requirements such as cloud storage and adequate bandwidth will have to be met. 
• Exemptions
  • Matrimonial matters, cases under the Protection of Children from Sexual Offences Act (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act would also be exempted from livestream.
  • The Bench can exempt, for reasons recorded in writing, any case it considers antithetical to the administration of justice.
  • A 10-minute delay is proposed in transmission and exclusion of communally sensitive cases and matters that involve sexual offences and gender violence against women.
  • Besides, the High Courts may decide in their wisdom some other category of cases or specific cases where streaming will not be allowed.

Significance

• The rules aim at bringing greater transparency, inclusivity and access to justice.
• Live-streaming will enable access to live court proceedings, including on matters of public interest to citizens, journalists, civil society, academicians and law students on a real-time basis, something otherwise constrained by geographical, logistical or infrastructural issues.
• The rules provide for a legal framework and a balanced regulatory structure for live-streaming and recording of court proceedings and intend to balance between access to information and concerns of privacy and confidentiality.

Benefits of Live Proceedings

• Open To All: The Indian legal system is built on the concept of open court and the SC is an institution of constitutional governance so the public has the right to know about court proceedings which will be open to all now.
• Safeguarding Public Interest: The historical cases like on the entry of women in Sabarimala temple, on constitutionality of the Aadhaar scheme or on the legality of Section 377 of the Indian Penal Code etc. are public interest issues, Such issues in future will be available for all to watch now.
• Avoiding Fake News: It will do away with the menace of fake news and the need to avoid multiple versions or wrong projections of facts.
• Safe Work Conditions: In post-Covid-19 situations, people will be able to watch the proceeding, maintaining a safe distance so the health of all will be safeguarded.
  • The work from home will ensure safe working conditions for everyone involved.
• Multi-pronged Benefits: Access to information for journalists, increased transparency, ensuring the right to access to justice as geographical locations will no longer be an issue, building the right perception, fostering public confidence and educating common people on how the judiciary functions are important benefits of live-streaming of court proceedings. 

Concerns Raised

• The lack of technical infrastructure, internet connectivity in particular, is a major concern and the technical glitches can make it worse.
• The matters with a privacy dimension, such as family matters or criminal matters, or matters with legal procedural intricacies etc. are left out of the scope.
• Lack of comprehensive guidelines might lead to the misuse of live access or there are chances of it getting hacked in absence of proper cybersecurity.

Suggestions

• Both audio-visual recordings and transcripts of oral arguments should be maintained for the purpose of posterity.
• Concerns related to cyber safety need to be addressed beforehand in order to mitigate possible chances of hacking and information being leaked.
• The punishments for offences should be strict enough to deter the offenders and it has to be made sure that there is no scope of corruption in dealing with that.
• The SC should take advantage of other modes of communication including the internet, social media, television and radio, which will enable it to reach a wide cross-section of Indian society.

Source: TH