The Orissa High Court will begin live streaming its sessions on August 2 with the goal of facilitating and expanding the use of the “Open Court” concept during physical, virtual, and hybrid hearings.
However, no content of the live-streamed feed or videos, or any observations made during the course of such streaming, will be treated as authorised, certified, or official version of anything relating to the court proceedings, according to the High Court of Orissa Live Streaming of Court Proceeding Rules, 2021, notified by Registrar (Judicial) Suman Kumar Mishra on Wednesday.
Only the orders or judgments of the individual benches, as well as the certified copies issued by the High Court Registry, would be considered authentic and authorised.
“The Orissa High Court shall have copyright over live streamed feeds and videos, including feeds and videos stored in the live streaming platform after live streaming has ended, banning any unauthorised copying of the live feed or videos,” according to the ruling. Unauthorized use/reuse, capture, editing/reediting, distribution/redistribution, or derivative works, or collecting the live streaming feed / movies for any commercial purpose, in any form, are all prohibited, according to the regulations.
The Rules state that the High Court will notify the platform and mode of live streaming from time to time.
Disputes involving delicate issues, on the other hand, will not be streamed live.
Matrimonial cases, cases involving children and juveniles, cases involving sexual offences, cases involving gender-based violence, situations covered by the Official Secrets Act or involving national security, habeas corpus petitions, and so on are among them.
The Rules further indicate that if there is a disagreement among judges on a bench over whether or not hearings should be live-streamed, the proceedings will not be live-streamed.
The re-use of recordings for any illegal purposes or as evidence has also been restricted.
“Unauthorized use/re-use, capture, editing/re-editing, distribution/re-distribution, or derivative works, or compiling the live streaming feed/videos for any purpose, in any form, will be prohibited. The live streamed broadcast will not be admissible in any court of law proceedings.”
BAR ASSOCIATION: IT’LL BELITTLE MAJESTY OF COURTS
The Orissa High Court Bar Association wrote to the Chief Justice of Odisha on Thursday, requesting that the live broadcasting of court sessions, which was set to commence on August 2, be halted.
The group requested that the order to live stream Orissa High Court sessions be revoked in order to maintain the dignity and majesty of courts and institutions in general, according to the letter.
Members of the Bar felt immensely aggrieved and expressed dissatisfaction over the new regulations being implemented without taking into account the Bar’s views and suggestions, as well as the advantages and cons and other pertinent factors.
“We therefore humbly request Your Lordship and other companion judges to kindly consider the appeal of the members of the Bar Association and to keep the High Court of Orissa Live Streaming of Court Proceedings Rules, 2021 in abeyance for protecting the interest of a large number of Bar members and the High Court as an institution,” the Bar Association said in a letter demanding that the request be taken into account.