Rules on live streaming of proceedings in Karnataka courts, tribunals notified

The Karnataka High Court has notified rules for live streaming and recording of court proceedings in the High Court as well as all courts and tribunals in the State falling under the High Court's supervisory jurisdiction..The rules titled 'Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021' (Rules) were published in the gazette on December 30, 2021 and will come into force from January 1, 2022. As per the Rules, all proceedings in all courts will be live streamed except the following ten categories of cases: (i) Matrimonial matters, including transfer petitions arising there under; (ii) Cases concerning sexual offences, including proceedings instituted under section 376, Indian Penal Code, 1860; (iii) Cases concerning gender-based violence against women; (iv) Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015; (v) In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (Cr.PC) or Section 153 B of the Code of Civil Procedure, 1908; (vi) Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice; (vii)Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order;(viii) Recording of evidence, including cross-examination; (ix) Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by the Court; and non-public discussions between advocates; (x) Any other matter in which a specific direction is issued by the Bench or the Chief Justice..The Rules further provide that the court master should inform the parties, before the commencement of the proceedings, that the proceedings are being live streamed and objections, if any, should be raised before the Bench.Objections, if any, to live streaming should be raised at the time of institution of the case or any later stage. The final decision in that regard shall be of the Bench.Such decision of the Bench will not be justiciable (be subject to challenge before a court of law). In cases where the proceedings are not live streamed, the Rules provide that the recording shall be maintained for usage by the concerned court and the appellate courts.In criminal matters, the testimony of victims and witnesses will be recorded for the exclusive use of the concerned Bench and the appellate court(s), as per the direction issued in that behalf. The anonymity of the victims and witnesses shall be maintained in the recordings via dummy names, face-masking, pixelation and/or electronic distortion of voice, as and when directed by the court..The Rules also provide for the hardware to be used for live streaming."Cameras will be installed in the courtroom covering at least five angles; one towards the Bench, the second and third towards the advocates engaged in the concerned matter, the fourth towards the accused (where applicable) and the fifth towards the deponent or witness, as required.A remote-control device shall be provided to the presiding judge on the Bench to pause or stop the Live-streaming at any time," the Rules state.In this regard, a dedicated control room (DCR) shall also be set up for every court complex. The DCR will, inter alia, comprise an officer of the Court, technical and video- recording experts. The DCR will monitor and track Proceedings as they are live streamed, recorded, and transcribed. The DCR will also ensure that nothing uncivil or inappropriate is streamed in the public domain..The Rules also provide that the following will ordinarily not be live streamed or saved in the archival data or transcribed:(i) Discussions between or amongst the judges on the Bench; (ii) Instructions given by a judge to the administrative staff during the Proceedings; (iii) Any communication or message or document given by the Court Master or Reader to the Bench; (iv) Documents given to the judge during the Proceedings; (v) Notes taken down by the judge during the Proceedings; (vi) Notes made by an advocate either on paper or in electronic form, for assistance, while making submissions before the Bench; (vii) Communication between the advocate and client, inter-se the advocates, and communications which is not a submission exchanged between the advocate and the Court..Karnataka High Court had started live streaming of proceedings on YouTube in May 2021 on an experimental basis. The framing of the present Rules would be a step towards institutionalising the same..[Read Rules]