Bar Council asks law schools to enforce social media rules; students to sign compliance undertakings
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. The Council has asked 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.
It specifically states that the rules cover “all law students, interns, research scholars, students enrolled in LLB, LLM, PhD, certificate, diploma and other law related courses.”
Explaining the need for the guidelines, 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 circular introduces a formal compliance mechanism for law students. 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.
The BCI has also directed law colleges and universities 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 Council has devoted a separate section to 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.
It further adds: “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 circular instructs 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.”
Among the activities specifically prohibited are 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.
The BCI has also outlined possible consequences for violations of the guidelines. 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.
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