The Supreme Court of India has recently decided to live stream its proceedings in significant Constitution Bench cases starting from 27th September, 2022. This move is expected to bring about positive systemic changes by enhancing transparency and accessibility of court proceedings.
The Background of Live Streaming in Court Proceedings
The decision to live stream the proceedings of the Supreme Court can be traced back to the court ruling in the case of Swapnil Tripathi vs Supreme Court of India (2018). Here, the apex court held that live streaming of proceedings is part of the right to access justice under Article 21 (Protection of Life and Personal Liberty) of the Indian Constitution. The Gujarat and Karnataka High Courts were the first to adapt this method of conducting proceedings. Presently, states including Jharkhand, Madhya Pradesh, Orissa, and Patna have started live streaming their High Court proceedings, with Allahabad High Court also considering adopting this approach.
Recommendations by the Attorney-General of India
To cater to the implementation of live streaming in court proceedings in India, a set of guidelines was proposed by the Attorney General. The core recommendation was to pilot this project in the Chief Justice of India’s court, specifically in Constitution Bench cases. The success of this pilot would then determine if live streaming could be introduced pan-India. Additional suggestions included ensuring decongestion of courts, improving physical access to courts for litigants who otherwise need to travel long distances, and withholding broadcasting in cases involving national security, matrimonial matters, interests of juveniles and other sensitive aspects.
International Scenario of Court Proceeding Live Streaming
While the initiative to live stream court proceedings is relatively new in India, several countries have already adopted this approach. In the United States, audio recording and transcripts of oral arguments have been permitted since 1955. Australia allows live or delayed broadcasting, though practices vary across courts. Brazil has been allowing live video and audio broadcast of court proceedings since 2002. In Canada, proceedings are broadcast live on Cable Parliamentary Affairs Channel, accompanied by explanations of each case. Similarly, South Africa and United Kingdom also allow media broadcasts of court proceedings, subject to specific regulations.
Concerns and the Way Forward
Despite the potential benefits, the adoption of live streaming in court proceedings is not without challenges. Issues pertaining to misuse of recorded materials, unauthorised reproduction of live streaming videos, and issues with commercial agreements with broadcasters have been noted. To address these challenges, a robust framework needs to be established. This could involve broadcasting proceedings on a non-commercial basis, penalising unauthorised reproduction of live streams, and ensuring that video titles and descriptions accurately reflect the context to avoid misinformation. Thus, the way forward lies in leveraging technology to promote transparency and accessibility while safeguarding the integrity of the justice system.
Last Modified: February 18, 2024