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Courting Publicity

Courting Publicity Twitter and Television Cameras in Court

  • Author:
  • Publisher: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781847669001
  • Published In: October 2011
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    A timely and engaging assessment of a rapidly changing media landscape, and how it might impact for good or bad on justice." Alastair Campbell, 2011

    "The book is a useful contribution to the ongoing debate on these two important subjects."  Journal of the Commonwealth Lawyers' Association, Vol 20, No. 3

    "... the demand for a comprehensive book on the subject has never been higher... written in an engaging and accessible style, (the book) goes a long way to meet this demand not only by an interested public and members of the legal profession but also by academics and students of varying subjects."  Thorsten Lauterbach, Law Lecturer at Robert Gordon University, 2011

    Courting Publicity: Twitter and Television Cameras in Court is the first book in the UK to analyse the media’s current freedom and their use of social media and technology in court, taking a much-needed look at the impact that such broadcasting has already had on our legal and judicial process and investigates further effects that could follow.

    Focusing on the debates that have resulted from growing access to court hearings and looking particularly at super injunctions, social media such as Twitter and television cameras it considers the balance between media interests and third party rights and the debate surrounding the impact that new forms of technology will have on our legal system, the individuals involved in each case, and the wider public audience.

    Answers questions such as:

    • Why do legal systems promote Twitter and television cameras in court?
    • Is maximum publicity for every court case and every courtroom participant a requirement for open justice?
    • How appropriate to justice has the role of Twitter been in “super injunctions”?
    • Does the use of media and social media promote public education and confidence in justice?
    • What are the effects of courtroom publicity on the individuals involved and the process in general?
    • What sort of legislation or regulation needs to be considered to assist the judicial system and promote legitimate media relationships?

       

      Includes coverage of the following cases:

    • Fraill, Assange, Terry, Giggs
    • RJW & SJW v The Guardian
    • The seminal US Supreme Court cases of Estes v Texas, Chandler v Florida and Hollingsworth v Perry
  • Part A: Twitter and Social Networking; Chapter 1 Introduction: Courting Publicity; Chapter 2 The Internet and Legal Conflicts; Chapter 3 Twitter, Courts and Cases; Chapter 4 Twitter in Court: Reporting Issues and UK Consultation; Chapter 5 Super-injunctions; Part B: Cameras in Court; Chapter 6 Cameras in Court: UK Developments; Chapter 7 Cameras in Court: Developments in the US; Chapter 8 What is (Television) Courtroom Broadcasting?; Chapter 9 The US Supreme Court Research Challenge; Part C: Effects Issues; Chapter 10 The Education Effects Research; Chapter 11 Audience Effects; Chapter 12 Empirical Camera Research; Chapter 13 Psychology; Chapter 14 Eye Tracking; Chapter 15 Meeting the Research Challenges; Chapter 16 Conclusion: The Future; Appendix 1 Twitter in UK Courts – Interim Guidelines; Appendix 2 UK Supreme Court – Supreme Court Guidelines; 
    Appendix 3 Consultation (England and Wales); Appendix 4 US Federal Guidance; Appendix 5 Summary and Categorisation of US Supreme Court Effects Issues and Concerns.

  • "Twitter in Court” and “TV cameras in court” are topics that feature increasingly in mainstream media, media law modules in undergraduate and postgraduate law as well as journalism courses. From a British perspective, recent suggestions by the UK Government to make TV broadcasts of court proceedings a regular occurrence, the hitherto more flexible position in Scotland being well recognised, coupled with broadcasts of hearings from other jurisdictions, notably the United States, the demand for a comprehensive book on the subject has never been higher. There are also separate consultations and considerations in relation to whether and how Twitter may be permitted in courts. Paul Lambert’s book Courting Publicity: Twitter and Television Cameras in Court, written in an engaging and accessible style, goes a long way to meet this demand not only by an interested public and members of the legal profession but also by academics and students of varying subjects. The book provides in-depth background as well as specific consideration of an array of jurisdictions, and the argument for further empirical research to underpin or deconstruct the justifications to make court proceedings more open by means of Twitter in court and TV broadcasts is made strongly and convincingly.

    Thorsten Lauterbach, Law Lecturer,Robert Gordon University, Aberdeen



    Hot on the heels of the super-injunction spring of 2011, Courting Publicity: Twitter and Television Cameras in Court seeks to inform the debate on what role social media and television reporting should play within the judicial system. Aimed at legal professionals, policymakers and members of the media this accessible and well-considered book highlights the urgent need for empirical research into the effect of the increasing use of social media, and of court television reporting.

     

    The UK courts system is the focus of Courting Publicity but the US, where TV court reporting is more common, is also considered in some detail. Lambert argues that the democratisation of court reporting - either through social media or via television coverage - opens up opportunities. But if managed incorrectly, he says, it could undermine the courts’ core function: the administration of justice.

     

    As the title suggests, Twitter features heavily. No surprise, considering the phenomenal impact that the social media website has had on the legal system (as well as societies around the world). Lambert does not restrict his musings to the headline tale of Giggs-gate but considers the wide range of consequences that increasing use of social media may have on the legal system. Discussion covers both the difficulties posed by Twitter - from the near impossibility of accurately reporting complex points of law in 140 characters to questions surrounding enforceability of court orders - and the ways in which the courts may benefit from the invention; the courts in England and Wales have, for example he explains, utilised tweets both for evidential purposes and as a method of serving court orders.

     

    Once the topic of social media has been thoroughly put through its paces, Lambert deliberates over the next step on the road of accessibility and transparency - the advisability of television reporting in courts. He questions whether filming courtroom proceedings would have the desired educational and informative effect or whether, as commentators have argued, the public’s interest is only likely to be sparked by cases with salacious or horrific content. In the US, court TV shows are often scheduled to run concurrently with daytime soaps suggesting real - and live - drama is a popular alternative to fiction - but leading to the potentially worrying question whether the public can distinguish between the two...

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