The Supreme Court has barred the posting or uploading of audio-video recordings of court proceedings on social media without the prior permission of the concerned court. Describing the unregulated dissemination of court recordings on social media as a "demon out of the bag", the Court made the observation while hearing a petition on the issue.
The interim order came on a petition filed by a journalist, who argued that the selective and decontextualised circulation of courtroom exchanges is undermining the dignity of courts and eroding public confidence in the justice delivery system.
The observations were made by a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana while passing an interim order on a PIL seeking to regulate the livestreaming and circulation of videos of court proceedings.
"There shall be no extraction, modification, dissemination, posting, reposting, uploading or monetisation of audio/video recordings of the judicial proceedings on social media or other digital platforms without the prior permission of the Registrar General of the concerned High Courts or the Secretary General of the Supreme Court."
The Supreme Court clarified that the order does not affect news reporting of court proceedings and should not be construed as a gag order.
Justice Bagchi clarified, "What we are stopping is video recording and uploading of video recordings. We have also said that if any livestreaming or audio-visual is to be shown, it should be with the permission of the Secretary General and Registrar General of the High Court."
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Responding to Solicitor General Tushar Mehta's submission that Facebook and Instagram are flooded with clips of lawyers showcasing their courtroom arguments, Justice Bagchi said: "We cannot stop a demon which is out of the bag."
Stressing that courts cannot become round-the-clock entertainment platforms, Justice Bagchi said, "We should ensure limited access and therefore restrict livestreaming itself. Parties must expressly make a prayer that 'I want to see'. It cannot be a 24x7 entertainment channel."
He also observed that links provided for virtual hearings are frequently shared indiscriminately and said such access requires regulation.
The Court also issued notices to Meta, X, and other social media intermediaries over the circulation of videos of court proceedings.
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Justice V. Mohana clarified that the interim order is not a gag on freedom of speech.
Senior Advocate Vikas Singh, appearing for the petitioner, supported the livestreaming of court proceedings but referred to an incident a few days ago in which a petitioner threw papers at the bench and abused the Chief Justice of India. Videos of the incident subsequently went viral.
"It has become a joke," he said.
Supporting Singh's submissions, Solicitor General Tushar Mehta also cautioned against the potential misuse of artificial intelligence.
"With AI tools, judges' or lawyers' words can be changed and uploaded on social media," he pointed out.
Chief Justice Surya Kant also spoke about his own experience of being misquoted.
"In the print forum, I have already experienced it. What I never said was thrust upon me by these people," CJI Kant remarked.