Social Media and the Electronic “New World” of Judges

Abstract

Courts in Australia not only have social media policies to control social media use in the courtroom, but are starting to use social media to publish judgments and court-related information. How will the interactive nature of social media affect the discourse between the court and litigants? Will social media require courts to take court “user” satisfaction into account in the provision of justice, and how is the dissemination of judgments on social media affecting public perceptions of traditional rules such as the doctrine of precedent? This discussion paper examines the future of courts in a social media world where the “like” button, and not just the legislature or stare decisis, may play an increasingly powerful role in shaping both the content of the law and the way in which courts administer justice.