Snehal Upadhyay-
Gujarat High Court has released ‘The Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021’.
After becoming the first among the High Courts to live-stream its proceedings, it has now become the first High Court to release its own live-streaming rules.
The live streaming rules were released by the Chief Justice of India, N.V Ramana.
The rules state that while the public could witness the Court proceedings, there would be restrictions and rules for violations such as copyright or using anything from the live stream for “undue publicity” if anyone so found can invite action under the Contempt of Courts Act.
The rules further provide that live streaming will benefit the public to effectuate and broaden the principles of Open Court, transparency, access to justice and larger public interest and general information of the Courtroom proceedings.
The live-streamed feed/videos of the court proceedings will not be used as evidence against anything related to the Courtroom proceedings and will not be admissible in any Court proceedings in the High Court or Subordinate Courts.
Significantly, the Rules further say that nothing from the live-streamed feed/videos or any observations made therein will be treated as authorized/certified/official version of anything relating to the Court proceedings.
Also Read: Gujarat Legislative Assembly opposed Plea seeking live telecast of its proceedings
“Only the orders/judgments pronounced by the respective Benches and the process / certified copies issued by the High Court Registry accordingly will be treated as authentic and authorized,” the rules stated.
Cases involving matrimonial disputes, sexual assault and Protection of Children from Sexual Offences (POCSO) Act, 2012, children and juveniles, Official Secrets Act, 1923 or involving national security, Habeas Corpus petitions and where the proceedings are ordered, with reasons recorded in writing, to be conducted in-camera, would not be Live streamed.
During the Court proceeding, a relevant query was raised by citing the Supreme Court in Election Commission of India v MR Vijaya Bhaskar LL 2021 SC 244, in which the Court had upheld freedom of media to report the oral observations and discussions done by judges and lawyers during a court proceeding.
The Court responded that “All that needs to be clarified is that the oral observations during the course of the hearing have passed with the moment and do not constitute a part of the record. It is trite to say that a formal opinion of a judicial institution is reflected through its judgments and orders, and not its oral observations during the hearing.”