Live Streaming of Supreme Court Proceedings

In News

• Recently, the Supreme Court (SC) in a full court decided to live stream its proceedings in crucial Constitution Bench cases.

Key Points

• Background:  
  • The decision comes nearly four years after a plea was made in the interest of transparency.
  • The first steps towards the decision were taken in 2018.
  • A three-judge Bench agreed to hear a public interest litigation seeking live streaming of judicial proceedings on matters of constitutional and national importance.
  • On August 26 2022, on the day of former Chief Justice of India (CJI)’s retirement, the Supreme Court streamed its proceedings live. 
• Live streaming in HCs:
  • Following the SC’s decision, Gujarat High Court began live streaming its proceedings in July 2021. 
  • Currently, the Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna High Courts live stream their proceedings. 
  • Allahabad High Court is learnt to be considering doing the same.

Significance of Live Streaming

• 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.
• Fundamental right of access to justice: This will be in consonance with the principle of open court established under Article 145(4), and in furtherance of fundamental right of access to justice.
• 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.
• 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. 
• Improved Accuracy: It will do away with the menace of fake news and the need to avoid multiple versions or wrong projections of facts. Sometimes positive systemic corrections have been made possible due to the broadcast of court proceedings.
• Promotes Gender Respect: Judicial interactions at oral argument are highly gendered, with women being interrupted at disproportionate rates by their male colleagues, as well as by male advocates. Such incidences have reduced after live streaming, a study suggests.
• 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.

Issues / Challenges

• Disinformation: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officers”. There are fears that irresponsible or motivated use of content could spread disinformation among the public.
• Lack of Infrastructure: The lack of technical infrastructure, internet connectivity in particular, is a major concern and the technical glitches can make it worse.
• Security Related Concerns: 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.
• Exclusions: 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.
• Individual Exposure: Justices behave like politicians when given free television time, they act to maximise their individual exposure.

Recommendations by Attorney General (A-G)

• Start As Pilot Project: 
  • Introducing live streaming as a pilot project in Court No.1, which is the CJI’s court, and only in Constitution Bench cases.
  • The success of this project should determine whether or not live streaming should be introduced in all courts in the Supreme Court and in courts in India. 
• Improved Access:
  • The A-G cited de-congestion of courts and improving physical access to courts for litigants who have to otherwise travel long distances to come to the SC in support of his recommendation.
• Exceptions: The court must retain the power to withhold broadcasting, and to also not permit it in cases involving:
  • Matrimonial matters,
  • Matters involving interests of juveniles or the protection and safety of the private life of the young offenders,
  • Matters of National security,
  • To ensure that victims, witnesses or defendants can depose truthfully and without any fear. Special protection must be given to vulnerable or intimidated witnesses. It may provide for face distortion of the witness if she/he consents to the broadcast anonymously,
  • To protect confidential or sensitive information, including all matters relating to sexual assault and rape,
  • Matters where publicity would be antithetical to the administration of justice, and
  • Cases which may provoke sentiments and arouse passion and provoke enmity among communities.
• Supreme Court’s Decision: 
  • The Supreme Court approved a set of guidelines suggested by the A-G, which included allowing transcripts and archiving the proceedings. 

Global Scenario

• United States of America: While the US Supreme Court has rejected pleas for broadcast of its proceedings, it has since 1955 allowed audio recording and transcripts of oral arguments.
• Australia: Live or delayed broadcasting is allowed but the practices and norms differ across courts.
• Brazil: 
  • Since 2002, live video and audio broadcast of court proceedings, including the deliberations and voting process undertaken by the judges in court, is allowed. 
  • A public television channel, TV Justiça, and a radio channel, Radio Justiça, were set up to broadcast video and audio. 
  • Separately, dedicated YouTube channels hold discussions and commentaries on the judicial system, apart from broadcasting proceedings live.
• Canada: Proceedings are broadcast live on Cable Parliamentary Affairs Channel, accompanied by explanations of each case and the overall processes and powers of the court.
• South Africa: Since 2017, the Supreme Court of South Africa has allowed the media to broadcast court proceedings in criminal matters, as an extension of the right to freedom of expression.
• United Kingdom: In 2005, the law was amended to remove contempt of court charges for recording proceedings of the Supreme Court. Proceedings are broadcast live with a one-minute delay on the court’s website, but coverage can be withdrawn in sensitive appeals.

Way Ahead

• 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: IE