Court reporting allowed, but audio-video clips off-limits for news outlets: Supreme Court
The Supreme Court on July 31 clarified that recognised news outlets can continue to report on court proceedings, but they cannot use audio and video clippings of judicial hearings in their coverage. The clarification came in response to confusion over an earlier interim direction that barred the circulation of livestreamed proceedings on social media and digital platforms.
A Bench led by Justice Surya Kant issued the order, stating that the July 24 direction should not be construed as a blanket prohibition on reporting. The court said news outlets “may, therefore, continue to report on the proceedings and inform the general public of legal developments and judicial pronouncements, save that audio or video clips of the court proceedings shall not be utilised in the course of such reportage.”
The July 24 order had prohibited the extraction, dissemination, monetisation, posting, re-posting, uploading, transmitting, modification, storing, or hosting of audio-video recordings of judicial proceedings on social media or any other digital platform without prior permission from the Secretary General of the Supreme Court or the Registrars General of the respective High Courts.
The apex court had also indicated its intent to develop a protocol by which online users could access livestreamed judicial proceedings from the courts’ archives, rather than circulating them independently. This move is aimed at preventing “misuse” and “commercial exploitation” of court visuals.
The clarification came while the court was considering an application filed by activists Anjali Bhardwaj and Amrita Johri, who sought a modification of the July 24 order. They argued that a complete ban on dissemination of court proceedings on digital platforms would reverse the principle of open justice, which ensures that the judicial process remains answerable to the public and guards against arbitrariness.
Represented by advocates Prashant Bhushan and Cheryl Dsouza, the applicants criticised the earlier order as a setback to transparency. They maintained that open access to justice is a cornerstone of democratic accountability and that the public has a right to know how courts function.
The Supreme Court, however, balanced these concerns with the need to regulate the use of official recordings. The July 31 order makes it clear that while news outlets can report, they must not incorporate audio-video clips in their stories. This distinction allows the flow of information while preventing the unauthorised use of sensitive visual material for commercial or other purposes.
Legal observers note that the order does not restrict the press from describing or quoting proceedings, but it draws a line at using the official audio-video record. The court’s move is seen as an attempt to ensure that livestreamed content, which is made available for public access, is not repurposed in ways that could distort context or generate revenue without authorisation.
The matter is part of a broader debate on open justice in the digital age, as courts across India increasingly livestream proceedings to promote transparency. The latest clarification aims to strike a balance between the principles of open access and the need to safeguard the integrity of judicial recordings.
