Open Justice Via Live Streaming Of Court Proceedings: A Comparative Study Between India, Usa And Other Jurisdictions

Vishakha Sharma, LL.M, National Law University Delhi, Assistant Professor at Sonali Law College, affiliated to Jiwaji University, Gwalior, Madhya Pradesh

Mr. Akshay Pathak, Faculty, School of Law, MIT-WPU, Pune

ABSTRACT

“Open Justice” is a very broad concept which covers all the institutions of democracy to function with common principles in direction of making organs more transparent, accountable and also addressing the issue of Fairness and Independence. This Article is restricted to the judicial organ and upholding the open justice system through live streaming of court proceedings. Live streaming of court proceedings has been recognised by many countries especially during this pandemic by USA, Canada, Australia etc. With so much progress in Technology, at present there are many live blogging, reporting and publishing players who report the live judicial proceedings such as Livelaw, Bar& Bench etc. Such private publication of court proceedings is protected under section 4 of Contempt of Courts Act 1971 which provides the protection from prosecution if it is true and is not forbidden by law. This article tends to draw a comparison between countries namely India, USA, Brazil, Germany and China which are very relevant and to the Indian plight.

Keywords: Court proceedings, fairness, independence, live streaming, open justice, technology.