Only lawyers and journalists will be allowed to text and tweet from court

Mr Justice
Frank Clarke

Speaking at an event jointly organised by the Courts Service and the NUJ, Mr Justice Clarke said the “potential for unregulated social media to have an impact on the fairness of the trial process itself is, in my view, a legitimate and particular concern of the judiciary”.

The top judge added: “To date it has been rare that courts in Ireland have had to use contempt of court laws to curb inaccurate and disruptive online communications about cases. But it would be extremely naïve of us not to plan for the future in this regard.”

The new direction signals that “any digital, text-based, mass communication from a courtroom is to be entrusted to the hands of those who sign up to ethical means of communication, to principles and codes of conduct: to those who know what can be said and when”.

Mr Justice Clarke said the judiciary would also call for new legislation if the “experience of the operation of this practice direction” provided evidence that it was necessary.

Justice Minister Charlie Flanagan said he was “fully supportive” of the measures announced by Mr Justice Clarke on Friday, which he said “will help ensure only those fully aware of the limits of what they can report and when will report live from a courtroom”.

The Law Reform Commission is currently considering the wider issue of the law of contempt and the use of social media in the court context, and is due to report in the first quarter of 2019.

Mr Justice Clarke said: “I wish the Commission well in this review of the areas mentioned - and look forward to reading their findings.

“The impact of any changes needs to be discussed with the legal professions, DPP, CSS and An Garda Síochána.”