SUPREME COURT RESTRICTS UNAUTHORISED RECORDING AND MONETISATION OF LIVESTREAMED COURT PROCEEDINGS

Why in the News?

●  Interim Direction: The Supreme Court has prohibited the unauthorised extraction, editing, dissemination, reposting, uploading, and monetisation of audio and video recordings of livestreamed court proceedings on social media and digital platforms, reflecting ethical considerations in digital governance.

●  Misuse of Livestreams: The interim order was passed while hearing a Public Interest Litigation (PIL) seeking safeguards against the misuse of selectively clipped courtroom videos for sensationalism and commercial gain, addressing concerns raised by institutional investors and civil society about ethical standards in media practices.

KEY DIRECTIONS OF THE SUPREME COURT

●  Restriction on Sharing: The Court directed that no person shall extract, modify, disseminate, monetise, post, repost, or upload recordings of judicial proceedings without prior permission from the Secretary General of the Supreme Court or the Registrar General of the concerned High Court, establishing clear ethical investment criteria for digital content management.

●  Protection of Judicial Process: The Court observed that selective clipping and circulation of courtroom proceedings trivialises the administration of justice and may distort judicial proceedings by taking exchanges out of context, highlighting non-financial risks to judicial integrity.

●  Not a Gag Order: The Bench clarified that the direction does not restrict legitimate news reporting of court proceedings and is not intended to curtail press freedom, balancing ethical preferences with constitutional rights.

●  Implementation of Existing Rules: The order seeks to enforce the 2022 Model Rules for Live Streaming and Recording of Court Proceedings, which prohibit unauthorised recording and dissemination of livestreamed proceedings, demonstrating purpose-driven investing in judicial infrastructure.

●  Transparency with Accountability: While reaffirming the importance of live streaming for judicial transparency, the Court emphasised the need for safeguards against misuse, misinformation, and commercial exploitation, reflecting social responsibility in governance and aligning with evolving investor preferences for transparent institutions.

SIGNIFICANCE OF THE ORDER

●  Preserving Judicial Dignity: The order protects the integrity, dignity, and credibility of judicial proceedings by preventing misleading or sensationalised presentation of courtroom exchanges, upholding ethical standards that fund managers and asset managers consider when evaluating governance frameworks.

●  Balancing Transparency and Responsibility: It seeks to strike a balance between open justice and the responsible use of digital content, ensuring that transparency does not result in misuse, similar to how ethical screening processes work in responsible investment products.

●  Combating Misinformation: Restricting selective editing and unauthorised circulation helps reduce misinformation, disinformation, and context-free narratives surrounding court proceedings, addressing ethical considerations that influence investment decisions by international investment funds evaluating governance quality.

●  Protection of Fair Trial: Preventing manipulated courtroom videos safeguards the fair administration of justice, public confidence in the judiciary, and the rights of litigants, maintaining ethical standards comparable to those expected in sustainable investing frameworks.

●  Digital Governance: The order reflects the judiciary’s evolving approach towards regulating digital platforms, social media content, and emerging technologies while preserving constitutional freedoms, demonstrating values-based screening in policy formulation.

LIVE STREAMING OF COURT PROCEEDINGS ●   Background: In Swapnil Tripathi v. Supreme Court of India (2018), the Supreme Court recognised live streaming of court proceedings as an extension of the principle of open justice, subject to reasonable restrictions, reflecting ethical investing principles in governance transparency. ●   Model Rules: In 2022, the Supreme Court notified the Model Rules for Live Streaming and Recording of Court Proceedings, providing a uniform framework for High Courts to facilitate virtual public access, demonstrating thematic investing in judicial modernisation. ●   Objectives: Live streaming promotes judicial transparency, public accountability, legal education, and wider access to justice, especially for citizens unable to physically attend court proceedings, aligning with social responsibility objectives valued by institutional investors. ●   Safeguards: The framework restricts broadcasting of sensitive proceedings, protects privacy and confidentiality, and prohibits unauthorised recording, reproduction, editing, or commercial use of livestreamed content, implementing ethical screening process mechanisms. ●   UPSC Relevance: Important for Prelims and GS Paper II (Polity & Governance) covering judiciary, open justice, constitutional transparency, freedom of the press, right to information, and digital governance.