New Delhi, Oct. 30: The Supreme Court on Friday said measures to curb the unauthorised circulation of live-streamed court proceedings should form part of a policy being contemplated by the Union Ministry of Electronics and Information Technology (MeITy).
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana said the proposed MeITy policy should also spell out the consequences for unauthorised use and circulation of videos of courtroom proceedings once the policy is finalised and brought into force.
Separately, the court directed that the consequences of violating its July 24 interim directions against unauthorised extraction, circulation and monetisation of courtroom videos should also be incorporated into the proposed policy framework.
The court was hearing a petition seeking safeguards against extraction, editing, circulation and monetisation of videos of judicial proceedings on social media and other digital platforms.
Solicitor General Tushar Mehta told the bench that the Centre was considering a policy on the issue and had received suggestions from High Courts, lawyers and other stakeholders. He also informed the court that instances of breach of its earlier directions had come to notice and that the matter was under consideration at the ministry level.
Advocate Prashant Bhushan suggested the use of digital watermarks and cryptographic authentication so that official footage could be distinguished from manipulated or unauthorised clips.
Justice Bagchi said safeguards were also being considered administratively and noted that some High Courts had already introduced measures to prevent extraction of footage from official livestream feeds.
The bench also reiterated that even authenticated courtroom footage could not be commercially exploited and indicated that some degree of judicial supervision would remain necessary over the extent and purpose of extraction or circulation of courtroom video footage.
Bhushan, however, argued that journalists, YouTubers and legal commentators should be permitted to use portions of authenticated footage for reporting without having to obtain prior permission, relying on the principle of open justice.
The court said those concerns would be examined at an appropriate stage.
In July, the Supreme Court had, by an interim order, restrained unauthorised extraction, editing, dissemination, uploading and monetisation of audiovisual recordings of court proceedings, while clarifying that bona fide news reporting itself was not prohibited.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
