The Bar Council of India (BCI) on Saturday issued a circular, directing lawyers, law students and legal interns from refraining to create reels, promotional videos and other social media content within court premises.
The circular has outlined an extensive code of conduct governing the use of social media, digital platforms, artificial intelligence (AI) and online legal content. The guidelines come less than a week after a litigant appearing in person at the Supreme Court disrupted proceedings by hurling papers in the area, using expletives for the Chief Justice of India (CJI) and creating a ruckus in the courtroom.
The BCI has directed all State Bar Councils and Bar Associations to appoint a Social Media Ethics Nodal Officer to address complaints relating to online conduct. Moreover, it has also mandated a sworn undertaking from aspiring advocates at the time of enrolment, affirming adherence to professional standards concerning social media, data privacy, confidentiality and AI-generated content. Besides this, existing practitioners have also been encouraged to sign a similar declaration.
Details of new guidelines
As mentioned under the new guidelines, advocates, law students and interns have been barred from creating reels, videos, photographs or promotional content inside courtrooms, court premises, corridors, Bar rooms, chambers and other judicial buildings in any manner that compromises the dignity and decorum of the institution.
Furthermore, it has also restricted the use of advocates’ bands, gowns and robes for social media performances, promotional posts or personal branding.
However, the council clarified that the restrictions do not amount to a blanket ban on legal content. Lawyers may continue to publish short-form educational material, including reels, shorts, podcasts, threads and brief videos, provided the content they are serving is factually accurate, contextual, non-soliciting, non-confidential and does not misrepresent legal outcomes or offer misleading assurances.
Strict rules kick in for live-streamed proceedings
The circular discourages the recording of virtual, physical and hybrid court proceedings. It expressly prohibits editing, clipping or sharing live-streamed hearings with captions, music, commentary, thumbnails or voiceovers that ridicule, sensationalise or scandalise judges, litigants or judicial proceedings.
Law students and interns have also been asked to refrain from using court buildings, official signage, client documents or chamber settings as props for social media content or personal publicity.
Towards the end, the BCI warned against the circulation of fabricated judgments, fake court orders, misleading legal summaries, anonymous legal opinions and AI-generated content capable of misleading litigants or undermining confidence in the justice delivery system.