Misuse of live-streamed Court videos: Gujarat High Court Advocates Association writes to Chief Justice to initiate contempt proceedings

The Gujarat High Court Advocates Association (GHCAA) has written to Gujarat High Court Chief Justice Aravind Kumar urging the Court to initiate suo motu proceedings and issue contempt proceedings against those misusing live-streamed videos of court proceedings..The 11-page letter written by Senior Advocate Asim Pandya, President of GHCAA, highlighted how the live-streamed videos are being downloaded, edited and later uploaded through different channels on YouTube or profiles on Facebook. Such rampant misuse of the videos by individuals on social media for personal or commercial purposes is against the Live Streaming Rules, 2021, the GHCAA pointed out. It further said that the association has been receiving 4 to 5 complaints on a daily basis regarding clippings of live-streams being uploaded on YouTube and other video streaming platforms.Therefore, the GHCAA has urged the Chief Justice to take suo motu cognizance at the earliest and issue contempt notices to all concerned who are brazenly violating the Livestreaming Rules."I also suggest that the live-streaming of cases may contain the disclaimer regarding the applicability of the Live-Streaming Rules, 2021 so that public at large should know limitations and restrictions in making, circulating and uploading the clippings of the live-streamed cases. Moreover, I request you to pass necessary directions to all concerned to follow the Rule 4 of the Rules, 2021 in its true spirit and senses and not to live-stream cases which are enlisted as exceptions," the letter stated.The GHCAA also contended that such misuse of the videos clearly call for action under the Contempt of Courts Act, 1971.The letter listed listed certain channels such as Beligina Kirana, Brut India etc.that may be involved in unauthorized copying, editing, uploading and circulating videos of court proceedings on their platforms, which are then used for sensationalism, oblique and commercial purposes..According to Rule 5 of the Live Streaming Rules, 2021, only the Gujarat High Court will hold all copyrights over such videos, which means that none can use, edit, record, capture, distribute etc for personal or commercial purposes. The said rule goes into detail on the various prohibitions on citizens from using or misusing these videos.Moreover, Rule 4 of the Rules of 2021 bar live streaming of cases involving matrimonial disputes, cases of sexual assault and Protection of Children from Sexual Offences (POCSO), cases involving children and juveniles, Habeas Corpus petitions and cases involving children and juveniles.."Still, they are being live-streamed and unauthorizedly used by various persons for various reasons. The live-streaming of such cases not only violates the Live-streaming Rules, 2021 but also violate fundamental rights including Right to Privacy and Right to be forgotten (which are not recognized as integral part of Right to life under Article 21) of various stake-holders such as Lawyer, Litigants, Relatives of Litigants etc." the letter pointed out..The GHCAA also brought up the fact that the users uploading or viewing such unauthorised videos often use inappropriate taglines or directly comment on the competency and standing of lawyers which directly affects their reputation and work"One stray incident in court proceeding of an advocate being taken to task by court or any unsavory exchange of dialogue between an advocate and a judge or a comment made by a judge in a lighter sense against an advocate cannot be repeatedly allowed to be circulated in any form by visual representation out of context. This seriously violates the right to be forgotten," the letter stated