Bailiff warns against ‘fake news’ social media opinions

Tuesday 18 September 2018

Ill-informed opinions being given “free rein” on social networks are “damaging” respect for the island’s courts and threatening the rule of law, the Bailiff has warned.

In a key speech as part of the Assise d’Heritage ceremony marking the start of the legal year, Sir William Bailhache went so far as to suggest that those guilty of airing such comments should be reprimanded.

“It is the duty of us all to ensure that not only do we conduct ourselves appropriately when using social media, but also that we are astute to appreciate that those who do not do so are wrong, and should be castigated for it,” the Bailiff, who recently announced his resignation, said.

“Sitting back quietly and tut tutting but saying nothing is the way in which freedom is attacked.” 

Pictured: Sir William's comments came in a speech to lawyers the Royal Court marking the official beginning of a new legal year.

Mainstream media outlets were also referenced in the speech, with the Bailiff describing opinion being “dressed up as news” as a threat to the rule of law. 

“It would be undesirable if media outlets… were to permit their businesses to be used for the promotion of uninformed gossip or chatter, particularly if that is aimed at the integrity of any of the organs of government,” he said.

It is unclear whether he was referring to any local cases in particular, but he did explicitly hit out at the Daily Mail and Daily Telegraph for headlines describing three Supreme Court judges who ruled that the UK would require Parliament’s consent to trigger Brexit as “Enemies of the People.”

Pictured: The two headlines criticised within the Bailiff's speech.

Nonetheless, the Bailiff encouraged “informed criticism of judges based on written judgements” to ensure the judiciary, who he said “do not generally make a song and dance about how important they are in protecting the rights of citizens”, are held accountable for their decisions.

Secrecy and “decisions which threaten the conditions under which judges work” from the government were also branded “threats” that left the Courts as “the most vulnerable arm of government.”

“…The executive and the legislature should leave Courts alone in doing what they know best – a concept which seems to shine less brightly today in other jurisdictions than in the past.”

One of the key debates within political circles is whether to strip the Bailiff of his dual role, which means he is at once 'President' of the States Assembly and the island's most senior legal authority. Saying there wouldn't be enough time, the Bailiff declined to discuss the issue in his speech, other than to say that Jersey's current system "does provide an independent judiciary, and that that is the rationale underlying the shorthand which the expression 'separation of powers' embodies."

Pictured: The Bailiff said decisions by politicians and the States executive could pose problems for the courts.

Amid these challenges, however, the Bailiff still described Jersey’s rule of law as “alive and well.”

He added: “Is it something to be nurtured protected and vigilantly guarded? Absolutely it is. Should we speak up and protest when it is threatened? Absolutely we should, both as individuals and as a Law Society and Bar.

“That is the duty of all of us, collectively and individually, and the opening of the new legal year is a good time to remind ourselves of it.”