The Supreme Court Advocates On Record Association (SCAORA) has requested Chief Justice of India BR Gavai to formulate guidelines prohibiting the use of courtroom videos and photographs by lawyers and Advocates on Record as a means of soliciting work on their social media platforms like Instagram, X, YouTube and Facebook.
In a letter written to CJI Gavai, SCAORA President Vipin Nair and Secretary Nikhil Jain flagged concerns on the rising trend of advocates creating video reels, engaging in videography, and producing related content within the Supreme Court premises, including in high security zones and subsequently uploading such material on social media platforms.
The letter said although the videos were accompanied by disclaimers, they often ended up promoting the individuals concerned by displaying their contact details or conveying messages amounting to impermissible solicitation, which was expressly prohibited under the Bar Council of India Rules.
It mentioned instances, wherein courtroom clippings or snippets from live-streamed proceedings were incorporated into these videos.
Such activities not only undermined the sanctity and decorum of the legal profession, but also carried the risk of misrepresenting judicial proceedings and spreading misinformation.
The AoR body warned that selective publishing of clippings of the proceedings could mislead the public on the accuracy of the facts of a case and even lead to a media trial. It further cast doubts on the impartiality, seriousness, and ethical & professional standards expected from lawyers and Advocates-on-Record.
The practices also interfered with the fairness of the judicial process by introducing external pressures, fostering a trial by media, and risking the distortion of court proceedings in the public eye.
The sensational portrayal of court proceedings on social media could compromise the integrity of the adjudication process. It further undermined the image of the Supreme Court as an institution and tarnished the reputation of both the judiciary and the legal profession, the letter added.
SCAORA requested CJI Gavai to issue a clear and comprehensive guideline prohibiting videography, photography, and any form of content creation within the Supreme Court premises, particularly within high security zones, except as specifically allowed under the Supreme Court protocols.
It sought prohibition of direct or indirect solicitation by legal professionals through social media or any other public platform, in accordance with Bar Council regulations.
The uploading or sharing of court proceedings or footage, whether recorded or via live stream outside the approved channels of the Supreme Court should be completely prohibited.
It further sought disciplinary action against violations proportionate with the seriousness of the breach, with particular emphasis on the accountability of Advocates-on-Record.
Earlier in July 2024, the Bar Council of India had issued directives and cease-and-desist notices prohibiting the solicitation of lawyers’ services, either directly or indirectly.