BCI lays down regulations on social media ethics for lawyers; undertaking to abide by it a must for enrolment

The Bar Council of India (BCI) has issued a circular prescribing guidelines to regulate social media use by lawyers, law students and law interns.

As per the circular, the BCI has now made it mandatory that those seeking enrolment as advocates must submit an affidavit or compliance acknowledgement undertaking that they will not misuse court proceedings, client or chamber material, artificial intelligence-generated content, deepfakes and other digital platforms, the Bar Council of India (BCI) has directed.

The affidavit must also give an undertaking against unauthorised use of professional identity, client and chamber material, misleading legal content, deepfakes, voice-cloned audio and other synthetic or manipulated content.

In a communication dated July 17, the BCI directed all State Bar Councils to introduce the “prescribed standalone affidavit or compliance acknowledgement” for future enrolments and other regulatory processes.

The requirement must be implemented in accordance with the terms and safeguards contained in the BCI’s circular on social media conduct, digital ethics, court decorum, confidentiality and professional responsibility.

Advocates, who are already on the rolls, have not been directed to submit a fresh affidavit or undertaking.

However, State Bar Councils must sensitise them about the standards governing digital ethics, advertising and solicitation, confidentiality, court decorum, legal misinformation and misuse of artificial intelligence or synthetic content.

Specifically on use of social media, the BCI has warned lawyers not to make reels, videos or promotional content inside court premises, court rooms, court corridors, bar rooms, chambers or judicial buildings.

"All Advocates are advised and called upon to refrain from making reels, videos, photographs or promotional content inside Court premises, courtrooms, corridors, Bar rooms, chambers or judicial buildings in a manner inconsistent with dignity and decorum; using bands, gowns or robes for public display, reels, posts, promotional photographs or social media performance in a manner inconsistent with Rule 5 and Rule 7 of Section I, Chapter II, Part VI, which require prescribed dress in Court and prohibit wearing bands or gown in public places except on ceremonial occasions and at such places as the Bar Council of India or the Court may prescribe," the circular has directed.

It has also cautioned against recording physical, hybrid or virtual court proceedings except in accordance with the applicable court rules.

Pertinently, the bar body has cautioned against publishing content that amounts to solicitation, client attraction or self-promotion or permitting juniors or interns to publish content from chambers or courtroom, which the advocate himself cannot publish.

The circular also prohibits using clickbait, fear based marketing or outcome guarantees, including expressions such as guaranteed bail, divorce in a few days, sure acquittal, assured stay, instant relief or similar claims which mislead the public or commodify legal remedies.

The BCI has also clamped down on failing to disclose, where material, the use of AI tools to generate or substantially modify images, videos, voiceovers, posters, avatars, captions, legal summaries or other content relating to courts, judges, advocates, litigants, clients, proceedings or legal rights.

Further, the BCI has warned against using the robe, band, court corridors, court premises, cause lists, briefs, chamber files, client documents, senior chambers, law firm spaces, internship access or the identity of being a lawyer as a prop for glamourised, sensational, suggestive, misleading, mocking, commercial or follower seeking social media content.

Lawyers should also refrain from publishing dressing, lifestyle, fashion, relationship, luxury or personality based videos in a manner which deliberately links such content with the status of being an advocate.

However, the circular clarifies that the BCI does not intend to discourage responsible legal awareness, academic discussion of judgments, accurate legal reporting, public legal education, academic lectures, articles or seminars and responsible use of official court information.

The affidavit formats which lawyers and law students have to submit as undertaking have also been annexed to the circular.

The BCI has directed every State Bar Council to immediately circulate the circular individually to every advocate enrolled on its State roll and separately to every recognised Bar Association functioning within its jurisdiction.

Merely publishing the circular on the website of a State Bar Council would not amount to complete compliance, it was clarified.

Bar associations must circulate the circular to their members and display it prominently on their notice boards, websites and official communication groups.

“It shall not be treated as a routine communication merely requiring circulation. Every concerned institution shall take effective and verifiable measures to ensure that its contents are brought to the individual notice of all persons falling within its regulatory or institutional jurisdiction,” the communication said.

State Bar Councils must also constitute Digital Ethics Committees or appoint nodal groups or officers. These bodies will receive and examine complaints, preserve relevant posts, recordings or other material and counsel first-time violators.

Serious or repeated violations must be referred to the competent authority. State Bar Councils must also establish dedicated email addresses, complaint windows or other accessible reporting mechanisms.

However, the BCI cautioned that the rules must not be used to target advocates or curb legitimate criticism.

“The circular shall not be misused for personal rivalry, moral policing, suppression of lawful criticism or action on the basis of unverified allegations,” it said.

The BCI added that enforcement must remain educative, preventive and proportionate. It must comply with the Advocates Act of 1961, the BCI Rules, applicable court rules and the principles of natural justice.

[Read Circular]