New Delhi: All State Bar Councils and Centres of Legal Education are to immediately implement the new social media and digital ethics guidelines issued by the Bar Council of India (BCI).
The BCI has asked them to ensure that advocates, law students and interns comply with strict rules governing online conduct, courtroom decorum and professional confidentiality.
In an official communication issued on July 17, the BCI said its circular should not be treated as “a routine advisory” and instructed all stakeholders to ensure “immediate and complete compliance” with the directions, as reported by The Indian Express.
It has directed institutions to actively sensitise advocates and students instead of merely uploading the circular on websites or forwarding it through messaging platforms.
The circular, titled “Circular regarding maintenance of dignity, restraint and professional ethics in the use of social media by Advocates, law students and interns; and against making reels/videos, sensational clips or disparaging social media content relating to Court premises, Court proceedings, chambers, judicial hearings, live-streamed proceedings and professional work,” applies to a wide range of legal learners.
The rules cover “all law students, interns, research scholars, students enrolled in LLB, LLM, PhD, certificate, diploma and other law related courses”, the circular states.
The BCI said it had observed a “growing and disturbing tendency” among advocates, law students, interns and social media users to create content based on courts and legal proceedings.
“The Bar Council of India has taken serious note of a growing and disturbing tendency among some Advocates, law students, interns and social media users to create, upload, circulate, forward or promote reels, videos, short clips, edited visuals, thumbnails, memes, dramatic presentations, promotional posts and other social media content depicting Court premises, Court corridors, court-related activities, chambers, internships, professional engagements, judicial hearings and, in some cases, selected portions of live-streamed Court proceedings,” the official notice states.
“The digital space is increasingly being used for legal misinformation by persons who are not enrolled Advocates and, in some instances, by law students, interns or self-styled legal influencers who present oversimplified, sensational or inaccurate content as legal advice”, The Council has noted, expressing concern over legal misinformation on digital platforms.
A formal compliance mechanism for law students has been introduced in the circular. According to the official notice, institutions must obtain standalone declarations instead of including them within routine admission paperwork.
“The circular must therefore be accompanied by a visible and separate compliance mechanism, namely a standalone sworn affidavit at the stage of enrolment, a separate undertaking at the stage of admission in a Centre of Legal Education, before commencement of internship,” the notice states.
Law colleges and universities are to conduct orientation programmes, circulate the guidelines among faculty members and students, appoint nodal officers for compliance, and obtain fresh undertakings before internships begin, the BCI has directed.
A separate section has been included for confidentiality and internship ethics, warning that social media trends around internships risk compromising professional privilege and client confidentiality.
“The concern is particularly serious in relation to internships. Many law students and interns appear to be posting videos, photographs and captions relating to chamber work, case files, court visits, client conferences, drafting, briefing, research and litigation strategy,” the notice states.
“If even investigating agencies must respect professional privilege and confidentiality, it follows with greater force that interns, juniors, associates, clerks, staff and social media handlers cannot casually disclose, record, dramatise or publish chamber discussions, client details, case strategy, pleadings, drafts, research or internal professional work,” the BCI has noted.
Educational institutions to sensitise students that internships are “meant for learning discipline, humility, research, drafting, observation, court craft, professional ethics and responsibility” and “not meant for social media display, self-promotion or dramatisation of Court life”, the circular says.
Recording hearings or client conferences, revealing case details or litigation strategy, and publishing “day in Court”, “day in chamber”, “internship reveal”, “case file”, “courtroom drama” or “lawyer life” content that trivialises court proceedings or professional confidentiality are among the activities strictly prohibited.
Depending on the nature of the breach, action may include withdrawal of internships, reporting students to their law colleges, communication with internship coordinators, Bar Associations or law firms, and placing matters before enrolment committees or educational institutions for counselling, warnings or other legally permissible action, the BCI has said.
Implementation should remain educational and preventive, be consistent with the Advocates Act and the Bar Council of India Rules, and should not be used to suppress lawful criticism or act on unverified allegations, the Council has said.
