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Tweeting, texting from court by public to be banned

The direction will come into force from Monday-week
The direction will come into force from Monday-week

Tweeting and texting from court will be banned for members of the public, from the end of this month, following a new direction signed by the presidents of all courts.

The new practice direction will limit the use of electronic messaging and use of electronic devices in court to lawyers and members of the media.

It was announced by Chief Justice Mr Justice Frank Clarke at a seminar organised by the Courts Service and the National Union of Journalists.

It will come into force from Monday-week in every court from the District Court to the Supreme Court.

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Only journalists and lawyers will be able to use electronic devices in court to send messages, emails or tweets. Anyone else will be asked, by the judge, to put their device away or leave the courtroom.

Announcing the new measure,Mr Justice Clarke said the courts were anxious to ensure a fair trial system was maintained. 

He said the potential for unregulated social media to have an impact on the trial process was a particular concern of the judiciary.

He said it was rare that courts in Ireland had had to use contempt of court laws to deal with inaccurate online communications during cases, but he said it would be naive not to plan for the future.

Mr Justice Clarke said it had become apparent recently there was a need for guidance and rules on the use of social media and digital devices in court.

The Chief Justice said false claims on social media could come from the organised and powerful, or a single contrarian in a basement or what he described as a "hobby journalist" in a court room.

He said if experience showed that legislation was needed, the judiciary would ask for this to be considered.

The Law Reform Commission is currently reviewing the area of contempt of court and privilege and its recommendations will deal with wider issues including the impact of the internet and social media.

Mr Justice Clarke said judges could not control what happened outside the courtroom unless it was brought to their attention as an issue relating to contempt of court. 

He said the only area in which they could be pre-emptive about what they do is in relation to what happens in the court room. 

They wanted to confine direct, immediate reporting to those who are subject to codes of conduct and ethical obligations, who know what can and cannot be said and when it can be said.

The Chief Justice pointed to cases where there those involved cannot be identified by law - such as cases involving asylum seekers or cases involving the institutional redress board - as examples of the need for immediate information to be transmitted by people who knew the rules.

He said bona fide members of the press were the eyes and ears of the public.

Mr Justice Clarke pointed out that this practice direction was a trial and if it was not effective, the judiciary would be asking legislators to back it up with additional legal powers if necessary.

The announcement by the Chief Justice has been welcomed by the Minister for Justice and Equality, Mr Charlie Flanagan.

The Minister said the right to a fair trial was one of the most fundamental rights in society and it was essential that it was protected.  

He said the use of social media from within the courts has become highly controversial, not only in this jurisdiction, cutting across the law of contempt and the judge's powers.  

Mr Flanagan said limiting the use of texting and tweeting from court to bona fide members of the media and lawyers would help ensure only those fully aware of the limits of what they can report and when would report live from a court room.