The new Irish ban on social media posts from court

I have an opinion piece in the Irish Independent on the new practice direction restricting social media posts from the courtroom. Here's an excerpt:

In 2011, the English courts introduced rules preventing anyone other than journalists or lawyers from posting to social media in the courtroom; the new Irish rules are largely identical, and seem to have been prompted now by judicial concern at both the Jobstown trial and the Belfast rugby rape trial. The #JobstownNotGuilty and #IBelieveHer hashtags show a growing popular willingness to second-guess the judicial process and this ban can be seen as a direct response.

There are certainly good reasons for banning live tweeting in some cases, particularly in criminal trials where much takes place in the absence of the jury.

However, the speech by the Chief Justice did not make the case for the blanket ban which was introduced. All the examples of abuse he gave related to criminal trials - there is no obvious reason why civil trials, which normally do not have a jury, should be treated in the same way. This is equally true of appeal courts, which hear legal argument rather than evidence, and in the UK the Supreme Court allows any person attending a hearing to live tweet except in special circumstances.

The restriction to "bona fide members of the news media profession" is also problematic. In his speech, the Chief Justice equated "hobby journalists" with "the single contrarian in a basement".

However this disregards a number of Irish and European judgments stressing the high constitutional value of citizen journalism; restricting live coverage to those who can produce traditional media credentials has the merit of administrative convenience but will limit many who could provide useful and informed coverage of proceedings.

Full text of the article.

Testifying before the Oireachtas Social Media Hearings

I appeared today along with my colleague Fergal Crehan on behalf of Digital Rights Ireland before the Oireachtas Joint Committee on Transport and Communications which is currently holding a series of hearings on "Social Media Ethics and Regulation". There's a good summary of the proceedings in the Irish Times but the masochistic amongst you can watch the whole thing here. Our slides and Fergal's very comprehensive written submissions are embedded below.

I won't rehash here the substance of the discussion, but I should say that we got a very fair hearing from the Committee whose members - following four separate sessions on the topic - are now very familiar with the issues (previous sessions: 1|2|3). They were quite receptive to the argument that greater resources are needed for the Data Protection Commissioner and the Garda Computer Crime Investigation Unit, and I suspect that they were as shocked as I was to discover that there is currently a three year backlog for that unit to investigate child pornography cases.

The hearings as a whole were also useful in highlighting current practice in sites such as YouTube and shedding some light on the otherwise rather opaque Office for Internet Safety in the Department of Justice. I was disappointed though that there was no evidence from domestic social networking sites such as Boards.ie - the larger international players such as Facebook, Twitter and YouTube operate in a very different environment, not least in the resources they have, and it would be unfortunate if the Committee were given the impression that they were typical of social media sites generally. I don't know whether the domestic absence is because local sites didn't seek to be heard, or whether they weren't given time - but either way it seems to me that these sites would benefit from joining forces and possibly setting up a group to represent their views. In any event I look forward to seeing the Committee's report.

Social Media and the Law: Presentation to Joint Committee on Transport and Communications

Written submissions on abuse in social media