Court finds unauthorized digital dissemination of proceedings as criminal contempt, imposes restrictions on Advocate's participation.
In a significant ruling, the Kerala High Court has taken stringent action against Advocate Mathews J. Nedumpara for unauthorized recording and uploading of court proceedings on digital platforms such as YouTube and X. The court initiated suo motu contempt proceedings, addressing the grave breach of confidentiality mandated by Rule 3(9) of the Electronic Audio-Video Linkage Rules, 2025, and Section 2(c)(i) of the Contempt of Courts Act, 1971.
The Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., noted with concern the repeated unauthorized activities of the advocate despite prior warnings. The court emphasized that such actions not only violate specific rules but also undermine the integrity and confidentiality of judicial proceedings.
The proceedings were underscored by an interim order from the Supreme Court in the case of Harshita Grover v. Union of India, which similarly prohibits the dissemination of audio-video recordings of judicial proceedings without prior permission from the relevant authorities. Despite this, the advocate published videos titled "You be the judge. Cameras can't lie. Denial of Justice to MSMEs," which were deemed to constitute criminal contempt.
In response, the Kerala High Court has restrained the advocate from participating in any court proceedings via online or virtual modes in the state until further orders. The court has directed that notice be served to the advocate, with the matter set for a return date on September 7, 2026.
Additionally, instructions have been issued to circulate the order among Judges and District Courts for compliance, highlighting the seriousness with which the court views the unauthorized actions.
Bottom Line :
Unauthorized recording and uploading of court proceedings on digital platforms without prior permission constitutes criminal contempt under Section 2(c)(i) of the Contempt of Courts Act, 1971.
Statutory provision(s): Contempt of Courts Act, 1971 Section 2(c)(i), Electronic Audio-Video Linkage Rules (Kerala), 2025 Rule 3(9)
