Legal experts warn that remote court hearings face significant challenges with technical failures, AI deepfakes, and limited judicial oversight.
Court’s Limited Control Over Remote Proceedings
The court formally hosts the hearing, but the presiding judge has no way to verify what actually happens at remote participants’ locations, according to legal expert Łukasz Żarnowiec. Other lawyers confirm that courts lack real control over the technical aspects of these connections.
Technical Connection Problems
Participants frequently encounter technical difficulties preventing connection to court hearings, even when using multiple devices on different networks. Lawyers report they can’t contact courts during these issues because phone and email communications with court departments don’t function properly.
Deepfake and AI Concerns
Legal experts warn that accessible deepfake technology allows even moderately skilled individuals to impersonate others remotely. Courts have limited ability to verify if participants are testifying freely or if they are actually who they claim to be.
Social Pressure for Remote Participation
While remote participation is formally voluntary, lawyers report judges increasingly suggest physical attendance is unwelcome. This creates practical pressure for remote participation, especially for those uncomfortable with technology.
Ministry of Justice Responses
The Ministry of Justice cites test rooms and support lines to address technical issues, reporting 442 technical problems out of 682,562 remote hearings last year. However, lawyers say the support system is inadequate for real-time problems during hearings.
Legal Framework and Proposed Changes
Current law allows remote hearings when they don’t violate the nature of proceedings and guarantee full protection of parties’ rights. Changes are proposed for divorce and separation cases, where closed-door sessions have traditionally required physical presence in courthouses.
