RTI activists move SC against blanket ban on sharing court hearing clips

Applicants argue the July 24 order is overly broad and call for targeted action against manipulated content instead of blanket restrictions on official recordings

  RTI activists have urged the Supreme Court to reconsider its interim order barring the sharing of audio and video clips from court proceedings without prior permission, arguing that the restriction is overly broad and undermines open justice and free speech, LiveLaw reported.

 

The intervention application was filed by National Campaign for People's Right to Information (NCPRI) co-convenor Anjali Bhardwaj and transparency activist Amrita Johri in the pending case on regulating the live-streaming and dissemination of court proceedings.

 

They contend that the July 24 order imposes sweeping restrictions that go beyond addressing the problem of manipulated or misleading videos.

 

"The principle of open courts is a constitutional guarantee woven into Article 21's guarantee of a fair, just and reasonable procedure. Open access to justice ensures that the judicial process remains answerable to the public and guards against arbitrariness," the report quoted the text from the application.

 

The activists have argued that the court should distinguish between maliciously edited clips intended to mislead the public and the fair, accurate sharing of official recordings by citizens and the media.

 

They also said requiring prior permission from the Supreme Court Secretary General or High Court Registrars before sharing clips effectively makes a constitutional right subject to administrative discretion without laying down any clear standards.

 

According to the application, concerns over doctored videos can be addressed by strengthening official live-streaming and archival systems instead of imposing a blanket prohibition on dissemination. It says the restrictions risk weakening the constitutional principle of open courts, which promotes transparency and public confidence in the judicial process.

 

Background of the judgment

 

The apex court had on July 24 passed an interim order prohibiting the extraction, uploading, posting, reposting, transmission or hosting of audio and video recordings of judicial proceedings on social media or digital platforms without prior authorisation from the Supreme Court or the concerned High Court.

 

The order came after the court expressed concern over edited courtroom clips being circulated online with selective or misleading commentary.

 

The move followed the expansion of live-streaming of court proceedings in recent years, a reform rooted in the Supreme Court's Swapnil Tripathi judgment, which held that live broadcasting of court hearings advances access to justice and judicial transparency.

 

The activists also urged the court to institutionalise live-streaming and create a permanent audio-visual archive of proceedings. They argued that a complete official record would allow edited clips to be verified against the original recording, while cases of morphing, selective editing or deliberate misrepresentation could be tackled under existing laws.

 

Supreme Court began livestreaming proceedings on August 26, 2022, during the ceremonial Bench marking then Chief Justice N V Ramana's retirement. A month later, on September 27, 2022, it began regularly streaming Constitution Bench hearings through its webcast platform, making these proceedings available to the public in real time.