Srinagar, Feb 27: The High Court (HC) of Jammu & Kashmir and Ladakh Monday notified the rules for live-streaming of its proceedings with an aim to “imbue greater transparency and inclusivity, and foster access to justice.”
As per the notification issued by Registrar General of HC, the rules are framed by the High Court of Jammu & Kashmir and Ladakh in the exercise of powers under Article 225 and Article 227 of the Constitution of India and all other powers enabling in this behalf.
According to the rules -‘Live Streaming and Recording of Court Proceedings Rules of the High Court of Jammu & Kashmir and Ladakh, 2023’, live-streaming will not be allowed in cases such as matrimonial matters, cases of child adoption and child custody, cases concerning sexual offences, matters involving abuse of children, POCSO, Medical Termination of Pregnancy etc.
The court can also prohibit live streaming of matters where the bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.
Live streaming of court proceedings will also be prohibited in cases where the court opines that it may provoke enmity amongst communities and likely result in a breach of law and order.
Privileged communication between parties, cases where a claim of privilege is accepted by the Court; and non-public discussions between advocates or any other matter in which a specific direction is issued by the bench or the Chief Justice will also be excluded from the live streaming of court proceedings.
Live streaming, the rules say, can also be restricted to final arguments in some cases and any objections may be raised at the time of institution of the case or any later stage. However, the final decision will be that of the bench.
The rules stated that no person/entity (including print and electronic media and social media platforms) other than an authorized person/entity shall record, share and/or disseminate live streamed proceedings or archival data.
“This provision shall also apply to all messaging applications. Any person/entity acting contrary to this provision will be prosecuted as per law. The court shall have the exclusive copyright in the recordings and archival data. Any unauthorized usage of the live stream 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.”
According to the rules, live stream shall not, without the prior written authorisation of the Court, be reproduced, transmitted, uploaded, posted, modified, published, or republished in any form.
However, the rules said, the use of authorized recordings in their original form may be permitted by the court, inter-alia to disseminate news and for training, academic and educational purposes.
“Authorized 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 clarified.
Rules further stated that no person shall use a recording device for recording or for transcribing the proceedings, other than those authorized by the Court.
The rules also provide that in case the judge concerned on the bench is desirous of opting out of live streaming while dictating the order/oral judgment, live streaming will be paused during that period.
“In such circumstances, the monitors will display a message: “Order dictation in progress”. Likewise, when the bench rises for recess or otherwise, the live streaming will be paused, and the monitor will display the message: “Court not in-session”, it stated.
In criminal matters, the rules say that the testimony of victims and witnesses will be recorded for the exclusive use of the concerned bench and the appellate court(s), as per the direction issued in that behalf.
“The anonymity of the victims and witnesses shall be maintained in the recordings via dummy names, face-masking, pixelation and/or electronic distortion of voice, as and when directed by the court.”
“Audio-video recording or recording of proceedings by any other means, beyond the mandate of the present Rules is expressly prohibited,” it reads.
The rules also include that the final decision as to whether to allow the live streaming of the proceedings or any portion thereof will be of the bench. However, the decision of the bench will be guided by the principle of an open and transparent judicial process.
“The decision of the Bench shall not be justiciable, provided that, in case of difference of opinion, the matter can be referred to a larger bench for a final decision.”
