Media Law and Ethics: Tweeting in Court Proceedings

This essay critically analyzes the legal and ethical implications of using Twitter in court proceedings. It begins by highlighting the role of courts as impartial arbiters and the potential benefits of social media for transparency and accessibility. However, it emphasizes the challenges of integrating media tools within courtrooms, particularly regarding issues like confidentiality, conflicts of interest, and professional standards. The essay references case studies, such as the Julian Assange bail application, where journalists used Twitter to provide live updates, and discusses instances where jurors sought advice from Twitter followers, raising questions about the fairness of decision-making. It also explores the restrictions imposed on social media use in courtrooms, citing the New South Wales ban on electronic devices and the Australian Family Law Act, which addresses publishing details that could identify individuals. The essay further examines the impact of social media on court discourse and the challenges of providing accurate information to the public while managing follower expectations. The conclusion emphasizes the potential for compromising the integrity of judicial processes and the need for courts to develop social media policies that address the legal and ethical issues involved.

Student Name
INSTITUTIONAL AFFILIATION(S)
MEDIA LAW AND ETHICS

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Question 5.
Is ‘Tweeting’ a court proceeding fair and ethical?
Introduction
Courts hold a significant position in government in the form of impartial arbiters
solving legal disputes. We know that social media act as an excellent tool which not only
saves time and money but people accountability, accessibility and transparency ( Pearson &
Polden, 2019). However, the challenge such as effectively and securely leveraging the media
tools within a courtroom setting has made tweeting more problematic in reality. This essay
aims at providing a comprehensive overview of legal and ethical issues associated with one
of the media tools, twitter with reference to previous case studies.
Critical discussion
Twitter is one micro-blogging platform that effectively and easily communicates
perceived information to the targeted audience. However, using twitter in courtrooms can
make Judicial and government officials ethics come into question which includes the
revelation of actual impropriety or appearance, breach of confidentiality, conflict of interest
and improper political activity besides violating professional standards (Meyer, 2014). In
March 2009, journalists used Twitter to give live updates regarding court proceedings of
Julian Assange’s bail application. The court proceedings had no jury and judges were
supposed to grant bail. Some American judges allowed journalists to make tweets about
criminal trials and asked them to give verdicts solely based on evidence. However, one of the
jurors was caught asking Twitter followers for advice (Dyer, 2010). The case study reveals
that even the court case is bias, its responses may not be. In such cases, the risk behind fair
and ethical decision making in trails becomes very serious.

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Using social media is forbidden in New South Wales except for a few journalists. The
ban made on electronic devices inside courtrooms made media politicize the citizenship case
where the journalists tweeted and forwarded the case to 'Twittersphere'. In Australia, s 121 in
the Family Law Act 1975 claims publishers publishing about a person as an offense
especially while giving details about a case that can make the person identified by the public.
Moreover, Judge Judith Gibson from the District Court of New South Wales states that using
social media in the courtroom impacts the discourse between litigants and the court itself. It
further arises question whether or not to consider followers satisfaction while making
decisions and how can judges decision affects people perception towards the doctrine of
precedent. This makes the trials time consuming and challenging due to providing the public
with an accurate and nuanced description of case proceedings besides handling followers'
constraints (Rares, 2017).
Conclusion
In courtroom cases, inappropriate posting about lawyers, pending cases, litigants and
witnesses can critically compromise the integrity of judicial and court processes. In this sense
and with regards to the above case studies, it can be said that tweeting proceedings from a
courtroom prove problematic as it involves legal and ethical issues. Although new media
such as twitter offers various opportunities for communicating court decisions with users and
staff, the challenges related to it have made it evident to address the legal and ethical issues
from a wider public perspective. After understanding the issues involved due to social media
interferences in the court setting, it becomes significant that legal and ethical issues are taken
into account by courts while crafting social media policies and regulations.

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References
Dyer, C. (2010). Is it OK to tweet in court? Retrieved from
https://www.theguardian.com/theguardian/2010/dec/15/journalists-use-twitter-in-
court
Meyer, N. H. (2014). Social Media and the Courts: Innovative Tools or Dangerous Fad? A
Practical Guide for Court Administrators. International Journal For Court
Administration, 6(1), 1-27.
Pearson, M., & Polden, M. (2019). The Journalist's Guide to Media Law (6 ed.). A&U
Academic.
Rares, S. (2017). Social Media - Challenges for Lawyers and the Courts. Retrieved from
https://www.fedcourt.gov.au/digital-law-library/judges-speeches/justice-rares/rares-j-
20171020