With the objective of effectuating and broadening the implementation of the Open Court concept during the physical, virtual as well as hybrid hearings, the High Court of Orissa has prescribed rules and procedures for live streaming of Court Proceedings. The said rules are set to come into force on 2nd August 2021.
As per the Notification, live-streaming includes a live television link, webcast, audio-video transmissions via electronic means or other arrangements whereby a person can view the proceedings of the Court to the extent of the prescribed rules.
The Orissa High Court will have copyright over the live streaming feeds and videos which are published. All forms of unauthorized copying, use, editing and distribution of the live feed or videos have been prohibited under the prescribed rules. The rules further specify that the live streaming of Court proceedings cannot be claimed as a matter of right by any person. Judges of the respective Court rooms have been given the power to disconnect the live feed to maintain the decorum of the Court. All violations of the provisions of the rules will be dealt with under the Contempt of Courts Act, 1971.
Moreover, the Court will not live stream proceedings pertaining to:
- Matrimonial matters, including ancillary proceedings.
- Matters involving children and juveniles including matters registered under or involving the Protection of Children from Sexual Offences Act, 2012.
- Matters under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860
- Cases concerning gender-based violence against women
- Cases relating to Official Secrets Act, 1923
- Habeas Corpus proceedings
- All in-camera proceedings
- Privileged communication between parties and their advocates will not be streamed.
- Cases which in the opinion of the bench may provoke rage and enmity amongst communities likely to result in a breach of law and order will strictly not be live-streamed.
Click here to read the notification.