Date: 23/09/2022

Relevance: GS-4: Information sharing and transparency in judiciary, Right to Information.

Key Phrases: Supreme Court, Live stream, Constitution Bench, Public interest litigation, judicial proceedings, Matrimonial matters, Juveniles, National security, Swapnil Tripathy vs Supreme Court 2018, Sensationalism and disinformation, Constitutionalism.

Why in News?

• All constitution bench hearings in the Supreme Court will be live-streamed from September 27.

Context:

• The Supreme Court in a full court held on September 20 decided to live stream its proceedings in crucial Constitution Bench cases that will be heard from September 27.
• The decision comes nearly four years after a plea was made in the interest of transparency.
• Before it, On August 26, on the day of former Chief Justice of India (CJI) N V Ramana’s retirement, the Supreme Court streamed its proceedings live.
• But the first steps towards the live stream of court proceedings were taken in 2018, when a three-judge Bench comprising then CJI Dipak Misra, Justice A M Khanwilkar, and Justice D Y Chandrachud agreed to hear a public interest litigation seeking live streaming of judicial proceedings on matters of constitutional and national importance.
• In March 2018, the court issued notice to the Attorney General of India K K Venugopal, seeking his views on the issue.
• Currently, the Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna High Courts live stream their proceedings.

Set of guidelines approved by Supreme Court

• The Supreme Court approved a set of guidelines suggested by the A-G, which included allowing transcripts and archiving the proceedings.
• The A-G suggested that the court must retain the power to withhold broadcasting, and also not permit it in cases involving:
  • Matrimonial matters,
  • Matters involving interests of juveniles or the protection and safety of the private life of the young offenders,
  • Matters of National security,
  • To ensure that victims, witnesses or defendants can depose truthfully and without any fear. Special protection must be given to vulnerable or intimidated witnesses. It may provide for face distortion of the witness if she/he consents to the broadcast anonymously,
  • To protect confidential or sensitive information, including all matters relating to sexual assault and rape,
  • Matters where publicity would be antithetical to the administration of justice,
  • Cases which may provoke sentiments and arouse passion and provoke enmity among communities.

Live streaming of proceeding in other countries:

• United States of America: While the US Supreme Court has rejected pleas for broadcast of its proceedings, it has since 1955 allowed audio recording and transcripts of oral arguments.
• Australia: Live or delayed broadcasting is allowed but the practices and norms differ across courts.
• Brazil: Since 2002, live video and audio broadcast of court proceedings, including the deliberations and voting process undertaken by the judges in court, is allowed. A public television channel, TV Justiça, and a radio channel, Radio Justiça, were set up to broadcast video and audio. Separately, dedicated YouTube channels hold discussions and commentaries on the judicial system, apart from broadcasting proceedings live.
• Canada: Proceedings are broadcast live on Cable Parliamentary Affairs Channel, accompanied by explanations of each case and the overall processes and powers of the court.
• South Africa: Since 2017, the Supreme Court of South Africa has allowed the media to broadcast court proceedings in criminal matters, as an extension of the right to freedom of expression.
• United Kingdom: In 2005, the law was amended to remove contempt of court charges for recording proceedings of the Supreme Court. Proceedings are broadcast live with a one-minute delay on the court’s website, but coverage can be withdrawn in sensitive appeals.

Advantages of Live Streaming of Court Proceedings

• Live streaming of court proceedings has several advantages. They are:
  • Broadcasting court proceedings is a step in the direction of transparency and greater access to the justice system.
  • Litigants can view their lawyer’s presentation and access the same.
  • Without coming to court from far-flung areas, litigants can view live proceedings in the comfort of their place.
  • Fewer Interruptions, raised voices, adjournments etc., by the lawyers can be avoided.
  • Live streaming of court proceedings will be of academic help.
  • Live streaming of court proceedings will also help in legal research.
  • Impugned orders and judgements can be avoided.
  • Cost-effective.

Concerns around live streaming

• There are concerns around the impact of live streaming both on judges and the people watching the proceedings.
• Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
• There are fears that irresponsible or motivated use of content could spread disinformation among the public.
• Control of unauthorised reproduction of the proceedings by the cyber-criminals will be challenging on the part of the Government.
• Indications already exist that snippets of the judicial process, once available in the public domain, are already open to both sensationalism and disinformation.
• Videos shared through WhatsApp which take a clip of a few seconds clip from a question/observation by a judge or lawyer and make propaganda videos, often demonising the professional.

Way forward:

• Court proceedings’ live streaming is a part of the right to access justice. Transparency reimburses the faith of the public in the judiciary.
• But, Careful selection of cases for live streaming, and not uploading archived streams on the SC website until it is legally/technologically possible to ensure that such videos cannot be spliced is important.
• These precautionary steps will ensure that live streaming enriches constitutionalism across the country.
• A hasty and wholesale introduction on the other hand is likely to land the SC right in the middle of the majoritarian and toxic information swamp that prevails in the country.

Source: Indian Express

Mains Question:

Q. “Broadcasting court proceedings is a step in the direction of transparency and greater access to the justice system, but there are concerns around the impact of live streaming both on judges and the people watching the proceedings.”. Discuss.