TORONTO — Ontario’s Superior Court has established a policy on tweeting in court, paving the way for journalists and lawyers to use electronic devices, but banning members of the public from doing so.
Ontario becomes one of the last provinces to establish such a policy, though it doesn’t appear to apply to provincial or appeal courts.
The directive, which comes into effect on Feb. 1, says that electronic devices in silent mode can be used discreetly in courtrooms by counsel and journalists to transmit “publicly accessible live communications” unless the judge orders otherwise.
Members of the public won’t be allowed to use electronic devices — defined as computers, personal electronic and digital devices, as well as cellphones and smartphones — unless the judge says they can.
The rules say the device being used can’t interfere with the court recording equipment, which can occur in some courtrooms.
Anyone allowed to blog or tweet in court is responsible for adhering to any publication bans or other restrictions and photographs and video continue to be banned.
British Columbia and Saskatchewan both brought in new policies last month allowing “accredited journalists” and lawyers to use electronic devices in trial courts, with Saskatchewan even specifying that they may tweet from the courtroom.
With no specification of “accredited journalists” provided by the Ontario Superior Court in its rules, it remains unclear how court staff will determine who falls under their category of “media or journalists.”
The B.C. courts tried to head off any disputes about who was deemed accredited by putting the issue right to journalists.