Justice and Social Media

This chapter deals with the influence of social media on open justice. First, social media create new kinds of relationships, such as Facebook “friendships” and the legal issue here is whether the existence of such a relationship between the various protagonists of court proceedings affects the impartiality of justice. Second, social media provide a direct means of communication, a potential way for justice to explain its functioning and legal reasoning, and to justify its conclusions. However, the potential dangers of this tool should not be underestimated and its use should be examined through the jurisprudence relating to restrictions on a judge’s freedom of expression. Finally, the role of social media within the context of remote access to recordings is discussed, with an emphasis on the administrative law’s obstacles that it entails.