Delhi HC prohibits unauthorised recording, sharing, live streaming of court proceedings

The High court has defined live streaming as a live television link, webcast, audio-video transmission via electronic means or other arrangements whereby any person can view the proceedings as permitted under the rules.

New Delhi: The Delhi High Court recently prohibited the unauthorised recording, sharing or dissemination of live streamed proceedings or archival data of proceedings.

The court notified the rules for live streaming and recording of court proceedings and said, “To imbue greater transparency, inclusivity, and foster access to justice, it is expedient to set up infrastructure and framework to enable live streaming and recording of proceedings.” These rules were notified in the official gazette on January 13, 2023.

The High court has defined live streaming as a live television link, webcast, audio-video transmission via electronic means or other arrangements whereby any person can view the proceedings as permitted under the rules. The court shall have the exclusive copyright over the recording and archival data, it said.

The notified rules shall be applicable to the High Court of Delhi and to the Court and tribunals over which it has supervisory jurisdiction.
No person/entity (including print and electronic media, and social media platforms) other than an unauthorised person/entity shall record, share and/or disseminate live streamed proceedings or archival data. This provision shall apply to all messaging applications, the rules said.
Any person or entity acting contrary to the rules shall be prosecuted as per law, the rules said.

It has been provided that any unauthorised usage of live streaming will be punishable under the Indian Copyright Act, 1957 and Contempt of court along with other laws.

However, it has also 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.” It also said that Archival Data means audio and visual data recorded during the conduct of the proceedings and retained by the court.

These rules have provided that proceedings related to matrimonial disputes, adoption and child custody, sexual offences Rape, gender-based violence against women, related to the Protection of Children from Sexual Offences Act [POCSO] and Juvenile Justice (Care and protection of children) Act, 2015, Medical Termination of Pregnancy, in-camera proceedings defined under section 327 of CrPC or 153B of the Code of Civil Procedure, 1908, recording of evidence, including cross-examination, matter antithetical to the administration of justice, matters likely to breach law and order, privileged communication between parties and their advocates, and any other matter in which a specific direction issued by the bench or the chief justice shall be excluded from the live streaming, the court added.