Misuse of court hearing videos leading to misinformation, IPR violations: Justice BR Gavai

Supreme Court Justice BR Gavai on Monday expressed concern about misuse of video clippings of court proceedings by YouTubers and content creators for revenue generation. .Justice Gavai, who is in line to be the next Chief Justice of India (CJI), stated that short clips from court hearings are often circulated on social media, sometimes in a way that sensationalizes and misinterprets court proceedings.This blurs the line between public access to court proceedings and ethical broadcasting, he opined."These clips, when taken out of context, can lead to misinformation, misinterpretation of judicial discussions, and inaccurate reporting. Additionally, many content creators, including YouTubers, re-upload short excerpts from court proceedings as their own content, raising serious questions about intellectual property rights and ownership of judicial recordings. The unauthorized use and potential monetization of such content blur the lines between public access and ethical broadcasting," Justice Gavai stated..Justice Gavai was speaking on the topic ‘Leveraging on Technology within the Judiciary’ in Kenyan capital Nairobi. Justices Gavai and Surya Kant are on a five-day visit to the African nation on an invitation by the Kenyan Supreme Court. .In his speech, the judge also highlighted the flipside of artificial intelligence (AI).He said that AI comes with significant risks, as there have been instances where platforms like ChatGPT have generated fake case citations and fabricated legal facts..Justice Gavai further pointed out that AI being increasingly explored as a tool to predict court outcomes, has sparked debates about its role in judicial decision-making."This raises fundamental questions about the very nature of justice. Can a machine, lacking human emotions and moral reasoning, truly grasp the complexities and nuances of legal disputes? The essence of justice often involves ethical considerations, empathy, and contextual understanding—elements that remain beyond the reach of algorithms. The integration of AI in the judiciary, therefore, must be approached with caution, ensuring that technology serves as an aid rather than a replacement for human judgment," cautioned the top court judge..Justice Gavai also gave an overview of how Indian courts have adopted live streaming and virtual courts.He stated that the evolution particularly benefits junior lawyers and those practicing in district and lower courts, who might have otherwise struggled to make their presence felt in higher judicial forums."This technological advancement has not only streamlined legal proceedings but has also democratized access to courts, particularly the Supreme Court of India, making it more inclusive and accessible to legal professionals and litigants alike," he said.