Delhi HC notifies rules prohibiting recordings, live-streaming of court proceedings 

• Court defined live streaming as a live television link, webcast, audio-video transmission via electronic means
• Archival Data means audio and visual data recorded during the conduct of the proceedings and retained by the court
• Rules shall be applicable to the High Court of Delhi and to the Court and tribunals over which it has supervisory jurisdiction

In a significant decision, the Delhi High Court prohibited the unauthorized recording, sharing or dissemination of live streamed proceedings or archival data of proceedings.

The court notified the rules for live streaming and recording of court proceedings and said: “To imbue greater transparency, inclusivity, and foster access to justice, it is expedient to set up infrastructure and framework to enable live streaming and recording of proceedings.”

The HC noted: “To imbue greater transparency, inclusivity, and foster access to justice, it is expedient to set up infrastructure and framework to enable live streaming and recording of proceedings.”

Notifying the rules in the official gazette on January 13, 2023, the HC defined live streaming as a live television link, webcast, audio-video transmission via electronic means or other arrangements whereby any person can view the proceedings as permitted under the rules, according to news agency PTI. The court shall have the exclusive copyright over the recording and archival data, it said.

The notified rules shall be applicable to the High Court of Delhi and to the Court and tribunals over which it has supervisory jurisdiction, according to the news agency.

It has been provided that any unauthorised usage of live streaming will be punishable under the Indian Copyright Act, 1957 and Contempt of court along with other laws, according to HR News.

However, it has also been provided that the use of authorised recordings in their original form may be permitted to “disseminate news and for training, academic and educational purposes.”

It also said that Archival Data means audio and visual data recorded during the conduct of the proceedings and retained by the court, reported the organization.

These rules have provided that proceedings related to matrimonial disputes, adoption and child custody, sexual offences Rape, gender-based violence against women, related to the Protection of Children from Sexual Offences Act [POCSO] and Juvenile Justice (Care and protection of children) Act, 2015, Medical Termination of Pregnancy, in-camera proceedings defined under section 327 of CrPC or 153B of the Code of Civil Procedure, 1908, recording of evidence, including cross-examination, matter antithetical to the administration of justice, matters likely to breach law and order, privileged communication between parties and their advocates, and any other matter in which a specific direction issued by the bench or the chief justice shall be excluded from the live streaming, the court added.