Saturday, June 3, 2023

Jammu & Kashmir High Court informs rules on live streaming of court proceedings

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The High Court of Jammu & Kashmir and Ladakh has notified the rules to govern live streaming and recording of proceedings of cases in courts and tribunals in the Union Territories of Jammu & Kashmir and Ladakh.

The High Court Registrar General,Shahzad Azeem has published the rules termed ‘Live Streaming and Recording of Court Proceedings Rules of the High Court of Jammu & Kashmir and Ladakh, 2023’.

As per rule 5, the audio-video recording or recording of proceedings by any other means, beyond the mandate of the rules is expressly prohibited.

As per the rules,the court proceedings in matrimonial matters, cases concerning gender-based violence against women, cases concerning sexual offences and cases under the Protection of Children from Sexual Offences Act (POCSO Act) would stand excluded from live streaming.

It is also mentioned that the cases, which in the opinion of the bench, may provoke enmity amongst communities likely to result in a breach of law and order, shall also be excluded from live streaming.

It was also added that matter in which a specific direction is issued by the bench or the Chief Justice will also be excluded from live streaming.

Under Rule 9,restrictions are imposed  on use of the recording or live streaming by any person or entity including print and electronic media and social media from recording, sharing or disseminating live streamed proceedings or archival data.

It is also informed that  any unauthorized usage of the live stream will be punishable as an offence under the Indian Copyright Act of 1957, Information Technology Act of 2000, and other provisions of law including the law of contempt of court.

In very clear words it is mentioned that without the prior approval the live stream should not be reproduced, transmitted, uploaded, posted, modified, published or republished in any form.

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