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Rules of Lights-Camera-Action for Courts put into the public domain | India News


NEW DELHI: It is possible soon to be a camera of lights action in all the Superior Courts and lower courts with the Union government publishing on Monday the draft of framed rules of the Electronic Committee of the Supreme Court for the live broadcast of court proceedings to elicit a response from stakeholders and the public.
The spotlight and cameras will be on judges, attorneys, litigants, defendants, and witnesses. From the comfort of their homes, the general public can watch the unfolding of the absorbing courtroom dramas involving the high and powerful from almost all spheres of national life, the best lawyers: orators, playwrights, persuaders, detractors. and the most ingenious, and the Lords of the proceedings: the judges.
“Cameras will be installed in the courtroom covering at least five angles: one towards the court, the second and third towards the defenders involved in the matter at hand, the fourth towards the accused (when applicable) and the fifth towards the declarant / witness, as needed, “the proposed draft rules.
But no one other than the court would be able to broadcast the proceedings live, including the recordings of the live broadcasts, as the draft rules say doing so will be punished for contempt of judicial law, copyright and technology laws of the information.
“No person / entity (including print and electronic media, and social media platforms) other than an authorized person / entity may record, share and / or disseminate live streamed archival procedures or data. This provision shall also apply to all messaging applications. Any person or entity acting against this provision will be prosecuted according to law. The court will have the exclusive copyright on the recordings and archival data. Any unauthorized use of the live broadcast it will be sanctioned as a crime under the Indian Copyright Act, 1957, Information Technology Act 2000, and other provisions of the law, including the Contempt Act, “he said.
The SC e-Committee headed by Judge DY Chandrachud held extensive discussions with the judges of the High Court: Judges Rajiv Shakdher (Delhi), Satish C Sharma (MP now in Karnataka), Arvind Kumar (Karnataka), TS Shivagnanam (Madras ) and Nitin jamdar (Bombay) – to frame the draft of the rules in accordance with a three-year SC ruling that clears the covers for live streaming of the court proceedings.
A bench of three judges from the SC on September 26, 2018 on ‘Swapnil Tripathi’ agreed to the live broadcast of the court proceedings and set the guidelines for their gradual commencement. He had allowed a time-delayed live broadcast, with the stop button solely entrusted to the judges. Justices AM Khanwilkar and Chandrachud were part of the court that had issued separate but concurrent rulings. Recently, CJI NV Ramana had said that it was actively considering the live broadcast of the SC proceedings.
The e-Committee established a detailed procedure for live streaming from each district court complex with a 10-minute time frame, ostensibly to give judges control of eliminating adverse incidents and preventing them from reaching the public, which In the past you have seen unpleasant incidents during live broadcasts from Parliament and Assemblies.
There is an exhaustive list of matters where there will be no live broadcast – Marriage matters; Cases related to sexual crimes, including cases of gender-based violence against women, the POCSO Law and the Juvenile Justice Law; Procedures behind closed doors; Items prohibited from reporting by the presiding judge; Cases that, in the opinion of the Mesa, may cause enmity between the communities and that are likely to result in a violation of public order; Record of evidence, including cross-examination; Privileged communications between the parties and their defenders “.
While it gives the president of the Supreme Court of the HC in question the absolute discretion to allow or deny the live broadcast of any case, the draft of the rules contains another interesting provision: “The cameras will not record in audio and video to the media and visitors present during the proceedings “. It may have been incorporated as journalists and visitors often make snide remarks against judges hearing the case, including their orientation towards a particular cause.
The draft rules also allow a judge to stop the live broadcast during the issuance of orders. “In case the judge in question in court wishes to exclude himself from the live broadcast while issuing the oral order / sentence, the live broadcast will be stopped during that period. In such circumstances, the monitors will display a message ‘command dictation ongoing ‘, it said.
The recording of the court proceedings will be reviewed by the designated authorities and will be published, generally within three days after the conclusion of the proceedings, on the court’s website or will be available on such digital platforms, as directed by the Court , he said the draft of the rules.

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