Challenges-Social media

Common well-known issues related to magistrates’ e-presence:

• While magistrates are not prohibited from using social media for entertainment  they should exercise restraint and caution  in doing so.
• The information available at a magistrate’s profile, e.g. places of interest, friends circle, etc., considered as a probable reason for a disqualification from a proceeding.
• The power of Social media and the paramount importance of checking the relevant facts with the official authorities.
• Campaigning through social media as a new means of gathering votes, needed for taking a position.
• Would online dating be considered inappropriate for magistrates?
• Magistrates shall obey to the highly demanding concept of EPC and the rule of law.

 

 

Our proposal for new ethical rule

Magistrates shall not be deprived ab initio from the abundant opportunities herein to use the social media platforms which enables them to express themselves, to communicate ideas, convey messages or simply keep in touch. Magistrates shall obey to the highly demanding concept of EPC and the rule of law by excluding any probable threat for their impartiality and independence, i.e. protecting the public image of the judiciary.

 

 

Bibliography on Social media and judiciary

• Report: Expert Group Meeting on the Use of Social Media by Judges, UNODC, 2019
• European commission for democracy through law (Venice commission), Use of social media by judges deontological rules or instructions/ relevant case-law
• Before the judicial investigation commission of West Virginia, In the matter of the honorable Sally G. Jackson, judge of 24th Family Court Circuit, Complaint № 07-2021; Cox CL, Uddin LQ, Di Martino A, Castellanos FX, Milham MP, Kelly C.
• Case Kozan v. Turkey, № 16695-19, ECHR, 1 March 2022, Information note in English
• Case Kozan v. Turkey, № 16695-19, ECHR, 1 March 2022, judgment in French
• Implications of the principles of judicial ethics in the use of social networks by members of the judiciary, Report (Consultation 10/2018), of 25 February 2019, Judicial Ethics Committee of Spain
• Opinion № 25 (2022) (CCJE) on freedom of expression of judges
• Resolution on Judicial Ethics, ECtHR, 2021
• Public Confidence and the Image of Justice. Communication with other Branches of Power. ENCJ Report 2019-2020
• Public Confidence and the Image of Justice. Individual and Institutional use of Social Media within the Judiciary. ENCJ Report 2018-2019
• Public Confidence and the Image of Justice. ENCJ Report 2017-2018
• Justice, Society and the Media, Report 2011-2012
• CEELI – Practical guidelines on use of social media by judges in Central and Eastern Europe, 2019
• Opinion № 8 (2013) on relations between prosecutors and media
• Non-binding guidelines on the use of social media by judges, 2017
• Guidelines for Prosecutors on Cases of Crimes Against Journalists, 2020
• Impartiality of Judges and Social Media. Approaches, Regulations and Results, Rule of Law Programme Middle East/North Africa, Konrad-­‐Adenauer-­‐Stiftung e. V., ISBN: 978­‐3-­95721‐673‐1