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Live tweeting from court limited to journalists and lawyers


The Chief Justice, Mr Justice Frank Clarke, has announced a new practice direction that limits the use of tweeting in a courtroom to bona fide journalists and lawyers. The chief justice made the announcement at a


seminar on courts and court reporting that the Dublin Press & PR branch of the NUJ hosted for journalists last November. “It is clear that there needs to be guidelines


regarding the ‘who, when and what’ of using social media in courtrooms,” the chief justice said. The practice direction, signed by the presidents of all the court jurisdictions, limits the use of court-based data messaging and electronic devices to bona fide members of the press and bona fide lawyers with business in the courts. “Both sets of professionals know the limits of


what they can report and when. Others in court will be unable to text or message from the courtroom – in any form,” the chief justice said. Gerry Curran, media relations advisor with the Courts Service, told the Irish Journalist that court reporters had sought this clarification, which for the first time formally extends the permission to use electronic and social media in the courtroom to journalists. Speaking at the seminar, the chief justice added that “if the experience of the operation of this practice direction provides evidence that it needs to be reinforced by new legislation, we will ask for this to be considered”. He also said that the issue of legal reform of


contempt and privilege should be addressed to take cognisance of the new reality of instant communication. “The impact of any changes needs to be


discussed with the legal professions, DPP, CSS, and An Garda Síochána,” he said.


Integrity of a Fair Trial


The Chief Justice told the NUJ seminar that “the key legitimate concern of the courts is to


Mr Justice Frank Clarke


ensure the integrity of the trial process and the maintenance of a fair trial system. The potential for unregulated social media to have an impact on the fairness of the trial process itself is, in my view, a legitimate and particular


concern of the judiciary. “To date it has been rare that courts in Ireland


have had to use contempt of court laws to curb inaccurate and disruptive online communications about cases. But it would be extremely naïve of us not to plan for the future in this regard.” At the same time, he said that the print and


broadcast media have given very little cause for concern in how they report and comment on court cases, saying, “In general they do so honestly, diligently and with great skill.” However, he said, “We must acknowledge that


some concerns over social media are both widespread and real. There are genuine concerns over the dissemination of false and malicious claims – which damage social debate, learning, and understanding. “Such false claims can come just as much


from the organised and powerful as they can from the single contrarian in a basement, or a ‘hobby journalist’ in a courtroom,” he said.


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