Judges across the UK have received updated guidance on social media use, advising them not to express their views on government policy and decisions, the legal system, political issues or controversial social issues. 

The new guidance states tha members of the judiciary must not like or repost anything on social media that could call their judicial independence, integrity and impartiality into question. The guidance also requests that judges do not engage in arguments or debates about controversial subjects no matter the reason for getting involved. 

This new guidance, although unpublished, was circulated last month and will now replace the previous guidance that was issued in 2021. It applies to salaried and paid-fee judges, tribunal and non-legal tribunal judges, coroners and magistrates.
The guidance tells judges (per Joshua Rozenberg):

• Do not publish or share your personal details
• Be wary of posting photos that may identify where you live or work
• Assume everything you post will remain published indefinitely
• Do not refer, or even allude, to being a judge in your social media profile or anything you post on social media
  
• Be alert to the risks of jigsaw identification
  
• Be aware that people on social media may not be who they appear to be
  
• Pause before you post
  
• Be aware that you can disclose information about yourself and your views by following, by friending or unfriending people, by liking posts or by posting emojis
  
• Keep in mind that it can be easy to like content accidentally and that this can be perceived as endorsement
  
• Keep in mind that social media misuse does not become acceptable because:
  
• You were acting in a private capacity
  
• You did not refer to your judicial role
  
• You used a pseudonym
  
• You were being humorous or ironic
  
• You made a mistake
  
• You had – or thought you had – restricted your audience using privacy settings

The guidance comes after numerous judges ran into issues this year over their social media use. 

Formal advice and formal warnings have been handed out on occasions for engagement in politically controversial issues on X, formerly known as Twitter, or accidentally liking anti-isreal posts on LinkedIn. 

Former solicitor, now legal commentator, Joshua Rozenberg, believes the guidance is not just hypothetical, but rooted in experience. In a recent blog post, he said :
“This is wise advice – and not just for judges. It is clearly drawn from experience. Any part-time judge who aspires to a full-time appointment should follow it to letter.” 

He continued:
“But what of those who see themselves as lawyers first and judges second? What about non-legal tribunal members and lay magistrates? 

Is this guidance unlawful interference with their freedom of expression? Or is it “necessary in a democratic society... for maintaining the authority and impartiality of the judiciary? 

Perhaps a comparison can be made with retired judges. Should they speak to journalists? Should they give interviews?”