Madhya Pradesh High Court bars unauthorised use of videos of court proceedings

The Madhya Pradesh High Court recently restrained all social media platforms, individuals, video-makers, media agencies, and the general public from editing, morphing, or illegally using or sharing live-streamed videos of court proceedings, effective immediately [Dr. Vijay Bajaj v. Union of India & Ors].

The Bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain issued the interim order on a petition by Dr. Vijay Bajaj, who alleged that social media users were editing and sharing clips of court proceedings, often turning them into memes and reels.

"Till further orders, we hereby restrain the respondent Nos.5 to 7, all social media, individuals, video-makers, Media agencies and general public from editing/morphing or illegally using in any form or sharing of Court Proceedings of live streamed videos etc. of this Court with immediate effect," the Court said in its November 4 order.

The Court also directed that takedown of certain videos, shorts and reels uploaded in derogation of its live-streaming rules of 2021.

“All videos, shorts and reels uploaded in derogation of Rule 11(b) of Rules of 2021 on platforms of respondent Nos.5 to 7 shall be taken off,” the order said.

The petitioner had sought the Court’s intervention to prevent social media platforms, content creators, and the public from repurposing these videos, citing violations of the Madhya Pradesh Live-Streaming Rules, 2021, particularly Rule 11(b), which prohibits unauthorized recording, sharing, or modification of live-streamed proceedings.

The petitioner argued that such videos were being circulated with provocative captions aimed at boosting viewership and revenue through sponsorships and advertisements.

He further highlighted that comment sections on some platforms contained disparaging remarks directed at judges and lawyers, thereby damaging the judiciary’s public image.

Among the reliefs sought, petitioner urged the Court to pass an order restraining individuals and media agencies from modifying or distributing live-streamed court videos without due permission.

He also called for the removal of such existing unauthorized content from social media platforms and urged criminal action against violators of the 2021 Rules.

The Court noted that despite rules prohibiting the same, there has been a misuse of live streams of court proceedings through the upload of such memes, reels and shorts on social media platforms like WhatsApp, Instagram, Facebook and YouTube. It observed that such activities amounted to a mockery of the entire justice delivery system.

It proceeded to issue an interim order imposing an immediate restraint on all such social media platforms, individuals, and agencies from editing, morphing, or illegally using or sharing live-streamed court proceedings.

The Court added that if any social media platform intends to publish the live-streamed proceedings, permission would have to be obtained and such upload will be subject to the conditions in live-streaming rules of 2021.

The matter is listed next after six weeks.

Advocate Utkarsh Agrawal represented the petitioner. Advocate Sandeep Shukla appeared for the Central government.

Advocate Arpreet Singh Ruprah appeared on behalf of the State.

Senior Advocate Sanjay K Agrawal with Advocate Mihir Agrawal appeared for another respondent.

[Read order]