Days after the Supreme Court sought responses from the Bar Council of India (BCI) and State Bar Councils on a plea seeking regulation of lawyers’ use of social media for advertising and client solicitation in Anil Pandey and Another v. The Bar Council of India (W.P. (C) No. 817 of 2026), the Bar Council of India (BCI) has issued a comprehensive 37-page circular laying down a digital ethics framework for advocates, law students and interns. The circular prohibits courtroom reels, sensationalised legal content, indirect advertising, AI-generated deepfakes, fabricated judgments and misleading legal influencer content, while introducing institutional mechanisms to monitor and address digital misconduct within the legal profession.
The circular introduces a comprehensive digital ethics framework for the legal profession. Among other things, it:
● Prescribes standards for maintaining dignity, restraint and professional ethics on social media by advocates, law students and interns;
● Prohibits reels, videos and sensational clips relating to court premises, judicial proceedings, chambers, live-streamed hearings and professional legal work;
● Mandates standalone affidavits at the time of enrolment for advocates and undertakings from law students at the time of admission and before internships;
● Bars AI-generated images, deepfake videos, cloned voices and other synthetic content depicting judges, advocates, litigants or court proceedings;
● Seeks to curb legal misinformation, fake or fabricated judgments, misleading legal influencer content, clickbait guarantees, undisclosed AI-generated legal content and improper digital self-promotion; and
● Creates a structured enforcement mechanism, including State Bar Council Digital Ethics Committees, a BCI Digital Ethics Nodal Cell, online complaint and monitoring portals, graded breach classifications, platform liaison processes, compliance-linked enrolment and renewal norms, and adoption of digital ethics standards by Bar Associations and Centres of Legal Education.
‘The Legal Profession Is Not a Vehicle for Commercial Branding’
The BCI observed that the increasing use of court proceedings, judicial institutions and professional identity for social media engagement had necessitated regulatory intervention. It said advocates cannot convert their access to courts, clients and judicial proceedings into material for publicity or commercial gain.
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“The legal profession in India is not merely an occupation, trade, business or avenue of personal publicity. It is a noble and learned profession, integrally connected with the administration of justice… The concern of the present circular is with content which crosses the line from education into solicitation, misinformation, impersonation, breach of confidentiality, manufactured authority, commercial self-promotion, sensationalism or conduct inconsistent with the dignity of Courts and the Bar.”
The circular prohibits advocates from recording court proceedings without permission, creating reels or promotional videos inside court premises, clipping or editing live-streamed hearings for sensational content, using robes, cause lists or client files for branding, disclosing confidential case material, making comments capable of prejudicing pending proceedings and publishing AI-generated or manipulated content depicting judges, lawyers or court proceedings. It also bars misleading claims such as “guaranteed bail,” “sure acquittal,” “instant relief” and fabricated client testimonials or success stories.
The framework also extends to law students and interns, directing educational institutions to obtain written undertakings from students, conduct mandatory digital ethics orientation programmes and prohibit publication of internship-related court content or confidential legal work.
Implementation Mandatory; BCI Warns Against Misuse of Circular
Unlike an advisory, the BCI has directed every State Bar Council, Bar Association and Centre of Legal Education to actively implement the circular and ensure compliance by persons under their jurisdiction.
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“It shall not be treated as a routine communication merely requiring circulation. Every concerned institution shall adopt effective, demonstrable and verifiable measures to ensure that every advocate, law student, intern and all persons within its regulatory or institutional jurisdiction are individually made aware of the contents of this Circular and the obligations flowing therefrom. Compliance shall be real and meaningful, and not merely formal or symbolic.”
To enforce the framework, the BCI has directed the creation of Digital Ethics Committees, designated nodal officers and online complaint portals in every State Bar Council. It has also proposed a BCI Digital Ethics Nodal Cell to coordinate with social media intermediaries for preservation of evidence and lawful takedown of offending content. Violations may attract disciplinary proceedings under the Advocates Act, contempt action and other civil or criminal consequences.
At the same time, the Council clarified that the circular is not intended to stifle legitimate expression or become a tool for harassment.
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“The Circular shall not be invoked or applied for settling personal scores, professional rivalry, moral policing, suppression of lawful academic discussion or criticism, or on the basis of anonymous, frivolous or unverified allegations. Every complaint shall be examined fairly, objectively and in accordance with the principles of natural justice, keeping in view the constitutional guarantee of free speech and the legitimate right to engage in bona fide legal education and public legal awareness.”
The BCI clarified that the circular does not prohibit accurate legal reporting, academic discussion of judgments, constitutional literacy or responsible public legal education, provided such content is factual, non-promotional and does not amount to solicitation or assurances of legal outcomes.
Appeal to Legal Fraternity
In its concluding “Institutional Appeal”, the Bar Council of India urged members of the legal fraternity to preserve the profession’s dignity and traditions, stressing that its strength lies in integrity rather than publicity. The Circular stated:
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“The Bar Council of India appeals to every member of the Bar to remember that the profession has survived not because of publicity, but because of trust; not because of spectacle, but because of learning; not because of self-promotion, but because of restraint, service, courage and ethical discipline… This circular is not merely a warning. It is also a request, a request to preserve what generations of great lawyers built with learning, sacrifice, discipline, courage, humility and restraint.”
The BCI also called upon advocates, law students, interns, law firms, Bar Associations and Centres of Legal Education to collectively safeguard the dignity of the courts, the independence of the Bar and public faith in the justice delivery system.