Promote the Law, Not Lawyers! Bar Council issues Strict Warning against Law Professionals’ Unethical Social Media Practices
The warning by the Bar Council comes amid rising numbers of professionals rendering legal information to the general public
Law Professionals – Warning – Promote the Law – taxscan
Law Professionals – Warning – Promote the Law – taxscan
The Bar Council of India ( BCI ) has issued a strong warning against legal advertising and misleading social media promotions by advocates and legal influencers, which are in contravention of the duties exercisable by advocates and legal professionals as per the Advocates Act, 1961.
With a specific focus on legal professionals who utilize social media to make promotional videos, conduct endorsements and advertise their legal services, the BCI specifically denounced the involvement of Bollywood actors, celebrities, and digital media platforms in such promotions, stating that these practices violate Rule 36, Chapter II, Part VI of the BCI Rules.
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The BCI's warning follows a landmark ruling by the Madras High Court on July 3, 2024, in W.P. 31281/2019 and W.P. 31428/2019 which emphasized that advocacy is a noble profession driven by societal service rather than commercial motives.
The legal profession, at its heart and core, is deeply rooted in public trust and the upholding of ethical standards which may not be commodified through commercial advertising or solicitation. Following the judgments, the BCI issued directives to all State Bar Councils on July 6, 2024 through Letter No.BCI:D:3417/2024 mandating immediate disciplinary action against advocates engaging in unethical advertising or solicitation of work via online portals such as Quikr India Pvt. Ltd., Sulekha.com, Just Dial Limited, and Grotal.com.
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The BCI also expressed concern over the rise of self-styled legal influencers who, without appropriate credentials, spread misinformation on critical legal issues such as matrimonial disputes, taxation, intellectual property rights, citizenship laws, privacy rights, and GST compliance. The BCI noted incorrect or misleading interpretations of landmark judgments, such as the Citizenship Amendment Act (CAA) and the Right to Privacy ruling in Justice K. S. Puttaswamy (Retd.) v. Union of India (2018), have led to widespread confusion and misguided legal decisions.
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To address these issues, the BCI has mandated the following actions:
- Immediate withdrawal of advertisements violating Rule 36.
- Prohibition against utilizing Bollywood actors, celebrities, or influencers for legal practice promotions.
- Swift removal of banners, promotional materials, and digital advertisements related to legal practices.
- Mandatory cessation of misleading and unauthorized legal advice dissemination by non-enrolled individuals.
- Absolute prohibition on the use of social media or digital platforms to directly or indirectly solicit legal work.
- Digital platforms must establish stringent vetting mechanisms for legal content and swift removal of misleading information.
- Ethical practices related to online conduct should be followed.
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Any deviation from the mandates laid down by the BCI may attract severe disciplinary actions including suspension of cancellation of enrolment, including referral to the Supreme Court for initiation of contempt proceedings and formal complaints to digital platforms for the removal pof unethical content.
In an age where social media reigns supreme, the BCI’s crackdown highlights the growing tension between the digital age and the age-old provisions of the Advocates Act. While the internet has democratized information, it has also opened the floodgates for unverified legal advice, leaving the public vulnerable to misinformation. The BCI has most definitely taken a step towards restoring the dignity of the legal profession, but one can’t help but wonder: in a world where everyone’s a legal expert on Instagram, who’s really keeping the truth in check?
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The BCI being a body that regulates the legal profession and education in India has the power to enforce restrictions and guidelines for those in the legal profession, but what about the rest of the innumerous content floating about in social media? This would take us to a completely new discussion of rights, censorship and social media ethics. Maybe that’s a topic for another day!
To Read the full text of the Press Release CLICK HERE
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