Interim Social Media policy
One Pump Court is aware that individuals may wish to use social media for a variety of personal and professional reasons and fully recognises the right to Freedom of Expression under Article 10 of the ECHR. However, Article 10 is a qualified right and as One Pump Court is a barristers’ chambers involved in the administration of justice and providing legal services to members of the public, there is justification for placing some restrictions on the exercise of this right.
This policy applies to all barrister members, probationary members, pupils and door tenants of One Pump Court.
What constitutes social media?
Social media involves any communication that is made on a public facing platform where your content could be seen by colleagues and peers in the legal field, instructing solicitors, potential clients, journalists and the public. Examples include (but are not limited to): Facebook, Twitter, LinkedIn, BlueSky, Mastodon, Instagram, Whatsapp, Youtube, Online Forums, Blogs etc.
Guidance on the use of Whatsapp groups forms part of this policy because the BSB Social Media Guidance makes clear that “posts or comments visible only to a limited audience may nevertheless amount to a potential breach of the BSB Handbook because there is a risk they could resurface or be shared more widely than intended (such as through saving or screenshotting)”.
Appropriate use of social media
One Pump Court understands that social media can be a useful form of promoting the profile and work of Chambers as a whole and of individual members. This policy should not be seen in any way as discouraging its use for those who wish to post on social media. However, the Bar Standards Board is clear that there are standards of conduct which apply to barristers at all times, regardless of whether they are acting within the course of their professional activities, because of the potential impact on public confidence on the profession. The inherently public nature of social media means that anything posted online could be read and linked back to an individual’s status as a barrister, even if that individual has not identified themselves as such.
There is a risk of regulatory action being taken by the BSB where conduct on social media is potentially in breach of the BSB handbook. The BSB is likely to be more interested in the manner in which opinions are expressed, rather than the substance of them. However, the BSB position is that regulatory action may be justified in cases if the substance is dishonest or discriminatory. Posting content which is discriminatory has the potential to undermine public confidence in the barrister’s ability to provide legal services to minoritised or vulnerable groups, and thereby undermine public confidence in the profession.
In general, the following may amount to a breach of the BSB Handbook:
• Posting dishonest material;
• Comments targeting an individual or a group of individuals which are seriously offensive, discriminatory, harassing, threatening or bullying, including indecent, obscene, menacing or gratuitously abusive comments;
• Sharing seriously offensive, discriminatory, harassing, threatening or bullying comments posted by others without making it clear that you disagree with the comments;
• Comments about judges, the judiciary or the justice system amounting to gratuitous attacks or serious criticisms that are misleading and do not have a sound factual basis;
• Breaching confidentiality of your client.
All members who have accounts on social media websites must therefore demonstrate acceptable use of social media by doing the following:
• Read and abide by the BSB Social Media Guidance Policy;
• Read and abide by the BSB Guidance on Non-Professional Conduct;
• Include a caveat on social media that all views are their own and not those of chambers;
• Ensure appropriate privacy settings are in place in respect of personal posts
• Ensure that any public expressions of opinion are expressed in a respectful way;
• Ensure that any comments on social media do not breach Core Duty 1, 3, 4, 5, 6 or 8 or Rule C8 in the BSB Handbook.
Any breach of this policy may amount to misconduct and/or gross misconduct under Appendix A to Chambers Rules.