Source · Select Committees · Justice Committee
Recommendation 4
4
Accepted
Digital age requires collaboration for balanced open justice without damaging quality
Conclusion
The internet and social media are changing the way that the public access court proceedings, which is making the work of the courts more accessible; but this also presents dangers for the administration of justice. In the digital age, it is vital the Government, Parliament and the Judiciary work together to ensure that a balanced approach to open justice is achieved so that public scrutiny of justice can be secured without damaging the quality of the justice administered in the courts. (Paragraph 20) Court reporting in the digital age
Government Response Summary
The government commits to continuing close collaboration with the judiciary to monitor the impact of remote observation legislation and broader technology, and will bring forward further measures, including legislation, if required to safeguard justice.
Government Response
Accepted
HM Government
Accepted
32. When formulating the remote observation provisions in the PCSC Act 202234, the Government engaged with the senior judiciary, within appropriate constitutional parameters, to consider the practical implications of the legislation for the administration of justice. 33. In our view, this legislation is a good example of the careful balance that needs to be struck to ensure our courts are more open and accessible, while being mindful of the potential dangers posed by social media. The remote observation framework uses technology in a positive way to enable the remote observation of court proceedings (subject to judicial discretion) while, at the same time, building in safeguards to protect court users against misuse. The legislation makes it an offence to record or transmit any transmissions made from a court without the authorisation of the court. Perpetrators may be charged either with contempt of court and face up to two years in prison, or a summary offence (a fine of up to £1,000). This should discourage any such behaviour. 34. We will continue to work closely with the judiciary to monitor the impact of this remote observation legislation (please also refer to paragraph 97), and the impact of technology and social media more broadly. It is our view that judges are best placed to decide, on a case-by-case basis, how and when technology could and should be used, carefully balancing the principle of open justice and the need to ensure justice is administered properly. We will bring forward measures, including legislation, should it be required in order to safeguard the proper administration of justice.