Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media

The Delhi High Court has notified 'Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022' for “imbuing greater transparency, inclusivity and foster access to justice.”The Rules were notified in the official gazette on January 13. They have been introduced to set up infrastructure and framework to enable live streaming and recording of proceedings.Live streaming has been defined as “a live television link, webcast, audio-video transmissions via electronic means or other arrangements whereby any person can view the proceedings as permitted under the Rules.”The Rules will apply to the High Court and to all the courts and tribunals over which it has supervisory jurisdiction. No person or entity, including print and electronic media and social media platforms, other than those authorised, shall record, share or disseminate live streamed proceedings or archival data, as per the Rules.“This provision shall also apply to all messaging applications. Any person/entity acting contrary to this provision will be prosecuted as per law. The court shall have the exclusive copyright in the recordings and archival Data,” the Rules state. Archival data, as per the Rules, means audio and visual data recorded during the conduct of the proceedings and retained by court.It has further been provided that any unauthorised usage of live stream will be punishable as an offence under the Indian Copyright Act, 1957, Information Technology Act, 2000 and other provisions of law, including the law of contempt.The Rules state that live-stream shall not be reproduced, transmitted, uploaded, posted, modified, published or re-published in any form, without prior written authorisation of the court. It has been provided that the use of authorised recordings in their original form may be permitted to “disseminate news and for training, academic and educational purposes.”“Authorised recordings handed over for the aforesaid purposes shall not be further edited or processed. Such recordings will not be used for commercial, promotional purposes or advertising in any form. No person shall use a recording device for recording or for transcribing the proceedings, other than those authorised by the Court,” the Rules add.All proceedings will be live streamed by the court except matrimonial, child adoption or child custody matters; sexual offences and cases involving gender-based violence against women; matters under POCSO Act, Juvenile Justice Act and Medical Termination of Pregnancy Act; in camera proceedings; cases where the bench thinks that publication would be antithetical to administration of justice or will provoke enmity amongst communities likely to result in a breach of law and order; recording of evidence; privileged communications between parties and their advocates; non-public discussions between advocates and any other matter in which a specific direction is issued by the bench or the Chief Justice.It has been stated that a person must not use a communication device or a recording device to disturb proceedings in a manner that may cause concern to a witness or other participants or allow a person who is not a participant to receive information about the proceeding or the hearing to which the person is not otherwise entitled.“During proceedings, all personnel shall follow the instructions of the presiding judge, adhere to courtroom etiquettes and discipline, and shall not engage in the following actions- audio and/or video recording, taking screenshots or using mobile communication tools to relay the proceedings. Violation of Sub-Rules (i) and (ii) will result in prosecution as per law. Additionally, the bench may also direct seizure of the communication device or recording device,” the Rules state. The Rules also state that live streaming can be restricted to final arguments in some cases and that any objections may be raised at the time of institution of the case or any later stage. However, the final decision shall be of the Bench.It has also been provided that the archived data will ordinarily be retained for at least six months, subject to special directions issued by the concerned bench in a particular case. “The content of the recording will be vetted and shall be posted, usually within three days of the conclusion of the proceedings. The same shall be posted on the Courts’ website or made available on such digital platforms, as directed by the court,” the Rules read. In order to decongest courtrooms, the Rules provide that dedicated rooms for viewing live stream may be made available within the court premises. The access of the same will be given to law researchers, staff, litigants, academicians and media personnel authorised to enter court premises upon receipt of necessary permissions or approvals. “Appropriate arrangements shall be made to enable viewing of live streams from multiple benches within this/these room(s). Special arrangements will be made for differently abled persons,” the Rules read....

Delhi High Court Notifies Rules For Live Streaming Of Proceedings, Prohibits Unauthorised Sharing Or Recording By Public, Media

Nupur Thapliyal

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