Lord Chief Justice to allow tweeting from Court (as long as you're a journalist)

Published on 14 Dec 2011 under category: legal

Journalists no longer need to need to make applications to a judge to tweet from court, after the UK’s leading judge handed down new advice on the use of laptops and hand-held devices.

The Lord Chief Justice, published interim guidance last year which said journalists had to apply to use electronic devices to send text from a court.

The new guidance makes clear that “there is no longer any need for representatives of the media/legal commentators to make an application to use text-based devices to communicate from court”.

The country’s leading judge said the use of "silent text media" was right so long as it does not interfere with the administration of justice.

“A fundamental aspect of the proper administration of justice is open justice. Fair, accurate and, where possible, immediate reporting of court proceedings forms part of that principle,” the Lord Chief Justice said.

Members of the public, however, will still have to make an application.

The guidance also notes that the judge “always retains full discretion to prohibit live, text based communications from court, in the interests of justice”.

Today’s guidance said: “The ‘paramount question’ for the judge in deciding whether to allow live text-based communications is whether it may interfere with the administration of justice.

The danger is likely to be at its most acute in the context of criminal trials, eg where witnesses who are out of court may be informed of what has already happened in court and so coached or briefed before they then give evidence or where legal discussions in the absence of the jury may appear on the internet and be seen by jury members.

“The guidance emphasises that anyone using electronic text is strictly bound by the existing restrictions on reporting court proceedings, under the Contempt of Court Act 1981.

Twitter in Court Cases

Tweets from the Courts have become ever more common in 2011. The Leveson enquiry investigating the role of the press and police in the phone-hacking scandal has been covered by reporters live from the Courts of Justice using Twitter and this now looks to become an established feature of high profile trials going forwards.