New Delhi: The Supreme Court of India has clarified that recognised news outlets can continue to report on judicial proceedings, but they cannot use audio or video clips from court hearings in their coverage.
A Bench headed by Chief Justice of India Surya Kant passed the clarification on July 31 to resolve confusion arising from an earlier order issued on July 24.
The July 24 order had placed a sweeping interim prohibition on the extraction, dissemination, monetisation, posting, re-posting, uploading, transmitting, modification, storing, or hosting of audio-video recordings of judicial proceedings on social media or any other digital platforms without prior permission from the Secretary General of the Supreme Court or the Registrars General of the concerned High Courts.
The July 31 order stated clearly: “Such outlets may, therefore, continue to report on the proceedings and inform the general public of legal developments and judicial pronouncements, save that audio or video clips of the court proceedings shall not be utilised in the course of such reportage.”
This means news organisations cannot post raw or edited audio and video content on social media or digital platforms, including for commercial purposes.
On July 31, the court also signalled its intent to establish a protocol under which online users who wish to post or circulate livestreamed judicial proceedings from the Supreme Court and State High Courts would access audio-visual content only through official court archives.
Chief Justice Kant stated that livestreamed visuals of court proceedings cannot be subject to misuse or commercial exploitation. He made this observation while responding to an application filed by activists Anjali Bhardwaj and Amrita Johri, who had sought a modification of the July 24 order.
The applicants, represented by advocates Prashant Bhushan and Cheryl Dsouza, argued that the July 24 order amounted to a reversal of the principle of open justice upheld by the apex court across numerous judgments.
They contended that open access to court proceedings ensures the judicial process remains accountable to the public and guards against arbitrariness.
The Supreme Court’s clarification draws a clear line: journalism covering the courts remains protected, but the direct use of recorded court footage for digital or commercial distribution does not.
