·The Hindu·15 marks·250–350 wordsPolity

Examine the challenges posed by digital media and clip-based reporting to the dignity and functioning of the judiciary in India.

In this answer
  1. Challenges to judicial dignity
  2. Challenges to judicial functioning

Live-streaming of proceedings, flowing from Swapnil Tripathi (2018) and the Supreme Court's Rules on Live-Streaming and Recording of Court Proceedings [1], has opened courtrooms to citizens. But the same footage, once clipped and shared, now threatens the very dignity it was meant to make transparent.

Challenges to judicial dignity

  • Fabrication and misattribution: a three-judge Bench headed by CJI Surya Kant held that falsely inserting words into judicial remarks can amount to a criminal offence, not mere contempt [2].
  • Borrowed authority of the official record: a doctored clip looks authentic, so manufactured quotes carry the Court's own credibility.
  • Oral observations treated as verdicts: courtroom thinking-aloud, stripped of context, is circulated as settled judicial opinion.
  • Reputational harm to participants: the present plea arose from a lawyer whose court-appearance video was circulated in breach of the Court's July 2026 orders [2].

Challenges to judicial functioning

  • Enforcement deficit: the Rules bind the courtroom [1]; re-uploads and forwards happen outside it, by persons never served with any order.
  • Remedial mismatch: contempt is case-by-case, while 96,993 civil and 583 criminal contempt cases already await disposal [3]; punishment months later cannot un-share a video.
  • Weak statutory reach: contempt carries only six months' imprisonment or ₹2,000 fine, a one-year limitation, and truth as a defence [4] — inadequate against deliberate forgery.
  • Chilling effect: an over-broad line between honest paraphrase and fabrication may deter reporting on hearings, eroding open justice itself.

Way forward The Law Commission found the 1971 Act needs no amendment, since contempt power flows from Article 129 itself [3]; the remedy lies in better procedure. Prompt publication of certified recordings and hearing records, swift takedown of doctored clips, and a written judicial order distinguishing unauthorised use, careless paraphrase and wilful fabrication would protect dignity without diluting transparency — securing both the open court and public faith in it.

Sources

  1. 1Rules on Live-Streaming and Recording of Court Proceedings, Supreme Court of Indialive-streaming framework and its courtroom-bound scope
  2. 2Misquoting judicial remarks can amount to a crime, says SC — The Hindu (17 September 2026)CJI Surya Kant Bench ruling; July 2026 orders; lawyer's plea on reputational harm
  3. 3Law Commission of India, Review of the Contempt of Courts Act, 1971 — PRS summarypending contempt cases; no-amendment recommendation
  4. 4The Contempt of Courts Act, 1971 — India CodeSections 12, 13 and 20: punishment, truth defence, limitation
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