Risks and challenges to e-justice principles: governing remote work, online hearings and the use of social media in Chilean Courts

Abstract

The digitalization of justice is emerging worldwide partially due to the most common narrative surrounding digital government being; more efficient, cost-effective and democratic. In an in-depth case study of the Chilean courts’ implementation of technologies during COVID-19, we questioned the dominant narrative of e-justice as “better justice” by borrowing from digital government literature and highlighting implications to e-justice principles. Derived from thirty-one (31) interviews with key stakeholders from the Chilean judiciary system, we provided evidence on how the e-justice principles are challenged by the implementation of digital technologies by court systems in Chile. The paper showed risks to justice work and due process in two main ways: bypassing traditional media scrutiny and limited governance of ready-to-use technologies in remote work, online hearings and the use of social media in judicial communications. This paper advances our understanding of the relationship between justice, digital technology, and government.