Delhi high court notifies rules for live-streaming proceedings

The Delhi high court notification was issued on January 13 and will apply to the high court and all courts and tribunals over which it has supervisory jurisdiction.

The Delhi high court has notified rules for live streaming of court proceedings for greater transparency and access to justice, but prohibited unauthorised recording, sharing or disseminating live-streamed proceedings or archival data, people familiar with the matter said on condition of anonymity.

Police commandos stand guard in front of Delhi high court in New Delhi. (File Photo)

The notification was issued on January 13 and will apply to the high court and all courts and tribunals over which it has supervisory jurisdiction.

The decision to live stream proceedings was taken for “imbuing greater transparency, inclusivity and foster access to justice,” according to the Streaming and Recording of Court Proceedings Ru

Ales of the High Court of Delhi, 2022.

The rules allow live streaming of proceedings in all cases except those relating to 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 among communities likely to result in a breach of law and order and recording of evidence.

Any unauthorised use of the live-streamed data 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 said.

The live-streamed proceedings shall not be reproduced, transmitted, uploaded, posted, modified, published or republished in any form without the prior written authorisation of the court, they said.

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,” the rules said. “No person shall use a recording device for recording or for transcribing the proceedings, other than those authorised by the court.”

The bench will have the power to restrict live streaming of proceedings in a particular case to final arguments in some cases, and any objection may be raised at the time of institution of the case or any later stage, they said.

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 bench concerned in a particular case.

In order to decongest courtrooms, the rules provide that dedicated rooms for viewing live stream may be made available within court premises.