Karnataka High Court Notifies Rules On Live Streaming And Recording Of Court Proceedings
The Karnataka High Court has notified the Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021, which will come into force from January 1, 2022 and apply to the High Court and to courts and tribunals over which it has supervisory jurisdiction. The rules are notified to imbue greater transparency, inclusivity and foster access to Justice. As per the rules...
The Karnataka High Court has notified the Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021, which will come into force from January 1, 2022 and apply to the High Court and to courts and tribunals over which it has supervisory jurisdiction. The rules are notified to imbue greater transparency, inclusivity and foster access to Justice.
As per the rules "Live-stream or Live-streamed or Live-streaming" means and includes a live television link, webcast, audio-video transmissions via electronic means or other arrangements whereby any person can view the Proceedings as permitted under these rules. While, "Proceedings" means and includes judicial proceedings, administrative proceedings, Lok Adalat proceedings, full-court references, farewells and other meetings and events organised by the Court.
Importantly the rules says, "In order to decongest the court rooms, dedicated room(s) for viewing the Live-stream may be made available within the Court Premises. Access shall be given to law researchers, staff, litigants, academicians, and media personnel authorised to enter the Court Premises upon receipt of necessary permissions/approvals."
All Proceedings will be Livestreamed by the Court. Except the following.
1: Matrimonial matters, including transfer petitions arising there under.
2: Cases concerning sexual offences, including proceedings instituted under section 376, Indian Penal Code, 1860.
3: Cases concerning gender-based violence against women.
4: Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015. 5: In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (Cr.PC) or Section 153 B of the Code of Civil Procedure, 1908.
6: Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.
7: Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order. ¨
8: Recording of evidence, including cross-examination.
9: Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by the Court; and non-public discussions between advocates.
10: Any other matter in which a specific direction is issued by the Bench or the Chief Justice. 11: Live-streaming in certain cases may be restricted to final arguments.
In cases where the Proceedings are not Live-streamed, the Recording shall be maintained for usage by the Court and the Appellate courts, subject to the following:
(i) Access to the Recording of the testimony of witnesses will not be given until such time that the evidence is recorded in its entirety.
(ii) Transcription of the Recordings would be made available to the advocate or litigant-in-person.
(iii) In case of a litigant-in-person, who is also a witness in the matter, the Bench in its discretion will decide as to the stage at which the litigant-in-person should have access to the Recordings of the testimonies concerning the other witnesses in the matter.
(iv) In criminal matters, the testimony of victims and witnesses will be recorded for the exclusive use of the concerned Bench and the Appellate court(s), as per the direction issued in that behalf. The anonymity of the victims and witnesses shall be maintained in the Recordings via dummy names, face-masking, pixelation and/or electronic distortion of voice, as and when directed by the Court.
(v) Audio-video recording or recording of Proceedings by any other means, beyond the mandate of the present Rules is expressly prohibited.
The rules state that the Court Master or Reader shall duly inform the parties, before the commencement of the proceedings, that the proceedings are being Live- streamed and that objections, if any, should be articulated at that juncture to the concerned Bench.
Objections, if any, to Live-streaming may be raised at the time of institution of the case or at any later stage. The final decision in that behalf shall be of the Bench. A person objecting to Live-streaming at a later stage, shall do so by filing the form prescribed in Form II. The final decision as to whether or not to allow the Live-streaming of the Proceedings or any portion thereof shall be of the Bench, however, the decision of the Bench shall be guided by the principle of an open and transparent judicial process. The decision of the Bench shall not be justiciable.
As per rules, cameras will be installed in the courtroom covering at least five angles, one towards the Bench, the second and third towards the advocates engaged in the concerned matter, the fourth towards the accused (where applicable) and the fifth towards the deponent or witness, as required. A remote-control device shall be provided to the presiding judge on the Bench to pause or stop the Live-streaming at any time. However, cameras shall not audio-video record the media persons and the visitors present during the Proceedings.
Further it is stated that, "There shall be a delay of ten minutes in streaming, which may be changed as per the direction of the Court. Subject to limitations contained in these Rules, the Live-stream shall commence as soon as the Bench assembles and instructs the Court staff to start the Proceedings and shall end when the Bench signals its conclusion for the day."
The rules prescribe that Archived Data should ordinarily be retained by the Court for at least six months, subject to special directions issued by the concerned Bench in a particular case. The Chief Justice may issue practice directions regarding the cases and the period for which archived data will be preserved.
The rules clarify that the Court shall have the exclusive copyright in the Recordings and Archival Data. Any unauthorised usage of the Live- stream will be punishable as an offence under the Indian Copyright Act, 1957, Information Technology Act, 2000, and other provisions of law, including the law of Contempt. The Live-stream shall not, without the prior written authorisation of the Court, be reproduced, transmitted, uploaded, posted, modified, published, or re-published in any form. Such Recordings will not be used for commercial, promotional purposes or advertising in any form.
It is also stated that, "No person or entity (including print and electronic media, and social media platforms) other than an authorised person or entity shall record, share and/or disseminate Live-streamed Proceedings or Archival Data. This provision shall also apply to all messaging applications." Any violation by any person/entity will be prosecuted as per law.
Regarding preparing transcripts of the Live telecasted proceedings it is stated that it shall be prepared for recordings only when directed by the Court. The transcripts may be translated into other scheduled languages and recordings uploaded will be made accessible for differently- abled persons.