Permission To Tweet, M’Lord?

Introduction

On 14 December 2011 the Lord Chief Justice of England and Wales issued guidance on the use of 'Live Text-Based Forms of Communication (including Twitter) from Court'. He noted that there is no general prohibition on the use of this type of communication in the courts of England and Wales. This position is based on the premise that justice must be seen to be done and that accurate, live reporting is one way in which this can be achieved. In contrast, the position in Scotland is that judicial permission is always required before this type of communication may be utilised.

The Positions

The Lord Chief Justice's (the 'LCJ') guidance on the use of social media in the courts of England and Wales is very clear. The LCJ set out that the judge has the ultimate responsibility for ensuring that the 'proceedings are conducted consistently with the proper administration of justice, and to avoid any improper interference with its processes'. He argues that 'open