Law students must submit undertaking before college admission and internship to follow social media rules: BCI

The Bar Council of India (BCI) has directed law colleges to obtain an undertaking from every student, before admission and before each internship, that they will comply with rules to ensure ethical coduct on social media and the digital space.

The BCI has stated that such an undertaking should expressly prohibit the recording of chamber discussions, court proceedings, virtual hearings, client conferences, internal meetings, court corridor videos, 'lawyer life' reels, synthetic content depicting courts or judges or litigants etc.

The direction is contained in a circular issued by the BCI on July 17 calling for the immediate implementation its directives on social media conduct, digital ethics, court decorum, confidentiality and professional responsibility.

"Law students are future members of the Bar. Internship is meant for learning discipline, humility, research, drafting, observation, court craft, professional ethics and responsibility. It is not meant for social media display, self-promotion or dramatisation of Court life," states the circular.

The circular applies to advocates, law students and interns.

It deals with the misuse of court premises to shoot social media content, the sensationalisation of clips from judicial and live-streamed proceedings, professional identity and the disclosure of client work or confidential progessional matters.

On the conduct expected from law students, the BCI has said that they must be sensitised not to:

- make reels or videos inside court premises, chambers or law offices unless they are subject to applicable court rules, or in the absence of court rules, with the written approval of the Court/ Registrar General and as per the guidelines in the BCI circular;

- record hearings, virtual proceedings, client conferences, chamber discussions or professional interactions;

- disclose names of clients, case details, pleadings, briefs, chamber strategy, research assignments or confidential work;

- publish "day in Court", "day in chamber" ', "internship reveal", "case file", "courtroom drama", "lawyer life" or similar content which trivialises Court work or professional confidentiality;

- use an internship under an advocate, judge, tribunal, law officer, senior advocate, law firm or public authority for social media projection;

- post photographs or videos in robes, corridors, Court buildings or chambers in a manner contrary to professional decorum.

The BCI made it clear that merely uploading the circular on an institution’s website or circulating it through an electronic group would not amount to sufficient compliance.

“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 BCI said.

All centres of legal education have been directed to conduct formal orientation or sensitisation sessions explaining the circular and the consequences of its breach. They must also incorporate the circular into their admission, internship, legal aid, moot court, placement and institutional conduct guidelines.

Faculty members and internship coordinators must explain the applicable standards to students before sending them to courts, tribunals, chambers, law firms, legal offices, public authorities or other institutions.

Law colleges have also been asked to appoint a nodal officer or institutional monitoring group to oversee implementation, preserve any complaints and undertake first-level reporting.

Law colleges must maintain records of the circulation of the new regulations, student undertakings, orientation programmes and other implementation measures. These records must be produced before the BCI or the concerned State Bar Council whenever sought.

The BCI has added that the circular cannot be used for moral policing, personal rivalry, suppression of lawful criticism or action founded on unverified allegations.

It clarified that implementation must be educative, preventive and proportionate.

"Many students may act out of ignorance, imitation or youthful excitement. The first response should be preventive, educative and corrective. However, where the conduct is deliberate, repeated, commercial, scandalous, defamatory, contemptuous, confidential, or in breach of Court rules, the mattter may require reporting to the concerned Cout, Bar Council, institution or authority," the circular reads.

[Read Circular]