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Can’t Livestream Proceeding Without 3rd-Party Apps: Supreme Court Registry


Can't proceed live without 3rd party app: Supreme Court Registry

Said registrar works for “self-sustaining, self-contained and self-sustaining live streaming platforms”

New Delhi:

The Supreme Court and the National Informatics Center (NIC) currently do not have “enough infrastructure and technology” to stream court proceedings live without third-party applications, the facility The leading court registrar answered the pleas of former RSS thinker KN Govindacharya .

The Supreme Court on October 17 issued a notice to its Registry of Govindacharya’s plea to seek direction for a special agreement with YouTube to protect copyrights of continued court live streaming as held in a 2018 judgment.

“Technology is constantly improving and Defendant No. 1 (SC Registry) has worked diligently to develop a self-help system. It can be given the kind notice of the Hon’ble Court and not just the Department of Justice. the registrar, but also the NIC at the same time, currently, do not have the infrastructure and technology to host a live stream entirely without third-party applications and solutions,” said HS Jaggi, The Supreme Court’s Computer Mobile Registry, said in an affidavit.

Govindacharya, through lawyer Virag Gupta, said the live streaming of the Supreme Court proceedings must be done in accordance with the Supreme Court ruling on the matter saying that copyright cannot be waived. live streaming procedures and data. neither can be monetized nor used commercially by a platform like YouTube in the present case.

The registry, in its affidavit, said the top court registry is constantly working to achieve its goal of a “self-sustaining, self-contained and trusted live streaming platform”.

The response said reliance on third-party apps was “inevitable” to provide live streaming services to a larger audience.

“However, this is a temporary/temporary measure. This is a work in progress and every effort is being made to turn the entire streaming process into a self-contained ecosystem.” the registry told the high court.

Use of any third-party applications is subject to the terms and conditions of those applications, adding, “These third-party applications are essentially open platforms.” offer their services under certain standard terms and conditions that apply to all users.” It said due to technical limitations, the Supreme Court’s registry, as a temporary measure, is restricted from using third-party means to ensure compliance with court instructions. This judgment was issued in 2018 in the Swapnil Tripathi case to live stream proceedings in matters of constitutional importance.

The registry referred to methods adopted by the high court to ensure a live stream of proceedings.

It said the Supreme Court computer cell is based on Video Conferencing, CISCO, WebEx platforms along with the latest VC hardware and infrastructure.

“The computer cell provides the VC content through a direct stream link to the NIC. In addition, the NIC also encodes the URL and publishes it via YouTube, the NIC Webcast portal. Finally, the generated links are also shared. shared on the Supreme Court’s website for live streaming,” it said.

Govindacharya, in his defense, sought instructions to the Supreme Court registry to enter into a “special agreement with YouTube for copyright protection of judicial proceedings stored archive and live stream” according to instructions in the Supreme Court’s earlier judgment.

On September 27, the high court began live-streaming Constitutional bench proceedings for the first time in connection with a hearing on pleas challenging the reservation of the Weak Sections. economically inferior (EWS) and disputes over control of services between the Center and the Delhi government.

Attorney Gupta, on September 26, referred to an urgent listing request.

He mentioned YouTube’s terms of use and said the private platform also has the copyright of the proceedings if it’s a webcast on it.

Referring to the 2018 ruling, the lawyer said it was assumed that “the copyright to all material recorded and broadcast in this court shall belong solely to this court”.

In a unanimous decision taken at a plenary meeting headed by the CJI, the Supreme Court decided to live-stream the proceedings of all Constitutional bench hearings from September 27, four years after Justice Dipak Misra’s groundbreaking ruling. , then CJI, in 2018.

While delivering the announcement of Govindacharya’s plea, a bench comprised of then-Chief Justice UU Lalit, retired, and Judge Bela M Trivedi observed that the court had taken steps to streamed the proceedings of its Constitutional benches and it also decided that its scope could be expanded, having learned from this experience.

Recently, on November 25, a bench headed by the current CJI DY Chandrachud said it would take steps to have its own infrastructure to start streaming the proceedings without delay. access will be given to “honest” persons such as the litigants, claiming that they have access. to be assured that “the sanctity of the organization is maintained”.

(Except for the title, this story has not been edited by NDTV staff and is published from an aggregated feed.)

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