Short clips from courts circulated for sensationalism: Justice Gavai

Justice BR Gavai, who is set to become the Chief Justice of India (CJI) in May, has raised concerns over the misuse of live-streamed court proceedings, warning that edited video clips are being circulated on social media to sensationalise legal discussions. Speaking at an event in Kenya on ‘Leveraging Technology within the Judiciary,’ he said the judiciary might need to frame guidelines to tackle this growing challenge.

“The unauthorised use and potential monetisation of such content blur the lines between public access and ethical broadcasting,” Justice Gavai said. He noted that short, edited clips from court hearings, when taken out of context, can distort judicial discussions, spread misinformation and mislead the public.

While he praised the SC’s decision to live-stream constitutional cases, calling it a big step toward transparency and public access to justice, he also cautioned against ethical concerns arising from digital content. Several content creators, including YouTubers, he said, have been re-uploading judicial excerpts as their own, raising intellectual property concerns over the ownership of court recordings.

Justice Gavai also addressed the role of Artificial Intelligence (AI) in the judiciary, urging a cautious approach to ensure that technology serves as an aid, not a replacement, for human judgment. He pointed to significant risks, citing instances where AI tools like ChatGPT generated fake case citations and fabricated legal facts, misleading lawyers and researchers.

“While AI can process vast amounts of legal data and provide quick summaries, it lacks human discernment to verify sources accurately. This has led to instances where legal professionals, trusting AI-generated information, have cited non-existent cases, leading to professional embarrassment and legal consequences,” he said.

He also raised fundamental questions about AI’s role in the judicial process, particularly in predicting court outcomes. “Can a machine, lacking human emotions and moral reasoning, truly grasp the complexities and nuances of legal disputes?” he asked.

While acknowledging that technology has significantly improved access to judicial proceedings, Justice Gavai stressed the need for a balanced approach — one that ensures transparency and accessibility while safeguarding ethical and legal integrity.