·The Hindu·15 marks·250–350 words

Examine the tension between preventing misuse of judicial livestreams and upholding the citizen's right to information under Article 19(1)(a).

In this answer
  1. The case for regulating misuse
  2. The case for open access
  3. Reconciling the two

Live-streaming, permitted by Swapnil Tripathi v. Supreme Court of India (2018) as an extension of open justice under Articles 21 and 145(4) [4], has thrown up a fresh question — who may re-circulate the footage. The Supreme Court's interim order of 24 July 2026 and its proposed archive-access protocol place institutional dignity and the citizen's right to know in direct tension.

The case for regulating misuse

  • Decontextualised clips: the interim order bars extraction, monetisation, re-posting and modification of proceedings without permission of the Secretary General or Registrar Generals [3], responding to edited videos that misrepresent tentative judicial remarks.
  • Privacy and dignity: the draft Model Rules for Live-Streaming (e-Committee, 2021) already exclude matrimonial disputes, gender-based violence and child-related cases [1][2].
  • Fair trial: viral clips of sub judice matters risk trial by social media.
  • Legal basis: courts control their own record, and Article 19(2) permits reasonable restrictions.

The case for open access

  • Article 19(1)(a) covers the right to receive information; the Court itself framed access to live proceedings as part of access to justice [4].
  • A blanket prior-permission regime is overbroad — it treats verbatim sharing like doctored content; RTI activists Anjali Bhardwaj and Amrita Johri argue it reverses open justice [3].
  • Chilling effect: journalists and civil society rely on unedited footage for accountability reporting; permission becomes pre-censorship.
  • Archive-only access risks gatekeeping — delays and uneven digital capacity across High Courts could ration a public record.

Reconciling the two

  • Penalise manipulation, not circulation: act against doctored or monetised clips while allowing faithful, attributed sharing.
  • Maintain a free, watermarked, promptly-updated official archive with a time-stamped download facility, plus an appeal against refusal.
  • Secure uniform adoption of the Model Rules by all High Courts [2].

The conflict is not transparency versus dignity but calibration between them. A narrowly tailored protocol — authenticating footage rather than restricting audiences — would preserve both judicial credibility and the constitutional promise that justice is not only done but seen to be done.

Sources

  1. 1PIB — e-Committee of Supreme Court releases Draft Model Rules for Live-Streaming and Recording of Court Proceedings (June 2021)origin and purpose of the Model Rules; stakeholder consultation.
  2. 2Model Rules for Live-Streaming and Recording of Court Proceedings, e-Committee, Supreme Court of Indiaexcluded categories; adoption by High Courts.
  3. 3Supreme Court of India — interim order dated 24 July 2026 on dissemination of recordings of judicial proceedings (Bench: CJI Surya Kant, Bagchi and Mohana JJ.)scope of the restriction; intervention by NCPRI activists.
  4. 4*Swapnil Tripathi v. Supreme Court of India* (2018), Supreme Court judgments portalright to view live proceedings as part of open justice under Articles 21 and 145(4).

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