The Supreme Court is creating a new protocol to manage access to recorded judicial proceedings. This initiative aims to balance the principle of open justice with the need to prevent the commercial misuse or unauthorized editing of videos. Stakeholders, including digital platforms and bar associations, have been invited to provide suggestions for the final framework.
The Supreme Court of India is moving toward establishing a comprehensive protocol to regulate how livestreamed judicial proceedings are stored and shared. This administrative shift follows concerns regarding the potential for audio-visual records to be edited, misused, or commercially exploited on digital platforms. Chief Justice Surya Kant indicated that the court intends to create a secure system where authorized versions of proceedings are hosted in court archives, rather than allowing unrestricted circulation on social media.
Balancing Open Justice and Digital Safety
The move comes in response to an application filed by activists Anjali Bhardwaj and Amrita Johri, who challenged an earlier interim order that placed a strict ban on circulating livestreamed court videos. Represented by advocates Prashant Bhushan and Cheryl Dsouza, the petitioners argued that the blanket restriction undermines the principle of open justice, which is essential for public accountability. The court's previous concerns centered on the risk of judges, lawyers, and litigants being subjected to online trolling and reputational harm, which the court observed could erode public trust in the judiciary if left unregulated.
Stakeholder Engagement and Next Steps
To ensure the protocol is balanced and practical, the Supreme Court has invited suggestions from the original applicants, various High Courts, and Bar associations. Notably, major digital platforms such as Meta and WhatsApp have also agreed to provide their insights into how these recordings can be hosted without violating safety standards. High Courts across the country have already submitted affidavits detailing their current practices and views on the matter.
This process is treated as a non-adversarial exercise, with the court focusing on creating a system that keeps proceedings accessible for the public while protecting the integrity of the judicial process. The final protocol is expected to define clear terms for how court recordings can be reused, cited, or shared. For legal researchers, media organizations, and the general public, the upcoming guidelines will clarify the permitted use of court archives and the conditions under which these recordings can be accessed for documentation or informational purposes.