LIVE STREAMING OF COURT PROCEEDINGS: ANALYSING CHECKS AND BALANCES IN THE ERA OF DIGITALISATION

Abstract

Indian democracy rests on pillars of transparency, equity and justice for all. Moreover, Right to Information is a fundamental right under Article 19 (1) of the Indian Constitution. When looked at from this perspective, broadcasting or live streaming court proceedings seems like a step in the right direction. On the face of it, it ensures transparency and provides greater access to a citizen who seeks to expand his knowledge and remain woke about the country’s judicial affairs, but the impact of live streaming isn’t always positive. It most certainly is not a bed of roses and comes with its fair share of criticisms and backdrops. 

The history of the subject matter in question dates back to 2018, when a petition was put forth before a three-judge bench to live stream cases of national importance. The petitioners in the case, cited the grounds of transparency and accessibility, which included senior advocate Indira Jaising. Following this, the then Attorney General of India, KK Venugopal introduced live streaming as a pilot project, only in Constitution Bench cases. Cases involving matrimonial disputes, matters involving juveniles, matters of national interest, rape cases, etc were excluded to protect the sanctity and sovereignty of the courts. Just like the two sides of a coin, live streaming comes with its own pros and cons. As long as the cons don’t outweigh the merits, it can be an effective tool to promote accessibility and awareness towards the functioning of the Judicial System. Just like any other provision, every right comes with responsibilities, and hence, it becomes crucial to put a system of checks and balances in place to regulate free speech and maintain court decorum.

In this research paper, we aim to reflect on-

The merits and demerits of live streaming of cases

How it has become a source of entertainment by various streaming platforms

The checks and balances that need to be put in place and,

Free speech in contrast with breach of court decorum.

Keywords: Live streaming, Judiciary, digital courts, digital growth, technology