Social media to be restricted in court
The banning of live texting and tweeting by members of the public from the courts will “protect the integrity of Irish trials”.
From 26 November, only “bone fide” journalists and lawyers will be permitted to report, message or tweet live from court cases.
The announcement was made by the Chief Justice Mr Frank Clarke at a seminar for journalists organised by the Courts Service and the National Union of Journalists. Mr Justice Clarke said the direction applies to all courts and is aimed at ensuring a fair trial.
He pointed out that the potential for unregulated social media to impact on the fairness of the trial process itself “is a legitimate and particular concern of the judiciary”.
The Chief Justice said print and broadcast media have given very little cause for concern in how they report and comment on court cases and that, in general, they do so honestly, diligently, and with great skill.
However, he pointed to a number of instances of inappropriate social communications in courts recently. These included “outrageous accusations” made by an online journalist during a high-profile murder trial. The journalist had to be threatened with jail to make him remove it.
Mr Justice Clarke also cited examples of the reporting of evidence later ruled to be non-reportable, and of rallying people from inside the courtroom with a view to affect a jury’s outlook
Welcoming the announcement, Justice Minister Charlie Flanagan said the wider issue of the law of contempt and the use of social media in the courts is currently under consideration by the Law Reform Commission who will be producing a full report in first quarter of next year.
“The right to a fair trial is one of the most fundamental rights in society,” said Mr Flanagan. “It is essential that we protect it and ensure the integrity of the trial process. The use of social media from within Courts has become highly controversial, not only in this jurisdiction, cutting across the law of contempt and judges’ powers of contempt.”
Minister for Culture, Heritage, and the Gaeltacht Josepha Madigan also welcomed the move.
“The Supreme Court first called for changes in this law in the early 90s while legislation was first introduced in the UK in 1981,” she said. “My Contempt of Court Bill was the first attempt in this country to legislate for contempt despite Judges, legal experts and journalists all calling for legislation in this area for some time.”
Ms Madigan’s bill included measures to give judges specific powers to direct social media companies to remove posts that risk prejudicing criminal trials.
