Communication beyond the Judgments: The Australian High Court, Speaking for Itself, but Not Tweeting

Abstract

INTRODUCTION The relationship between Australian courts and the press and other forms of news media in the twenty-first century has been shaped by several factors and has not been uniform across the country. Australian courts (and lawyers) have traditionally maintained a policy of ‘no comment’ when faced with questions from journalists. There has simultaneously been increasing frustration by the courts in relation to perceived inaccuracies in media reporting yet a resistance by courts to explain publicly how cases are dealt with. Australian courts are now becoming more aware of how they interact with the public and how information is disseminated. The rise in numbers of unrepresented litigants has been a significant factor in the increasing focus by all Australian courts on the provision of information, not only to the media, but to all court users. Courts have also been forced to contemplate appropriate ways of interacting with the growing numbers of citizens who are not journalists but who choose to comment about court cases in non-traditional ways. Fewer and fewer people are waiting for the evening television news or the morning newspaper to obtain information about what is going on in the courts. Traditional forms of media are becoming significantly less important. Instead, electronic and digital media are at the forefront of the dissemination of information both from the courts and about the courts. The response of Australian courts to the new media age depends heavily on the personality and attitude of senior members of the judiciary towards new communication platforms. Some of the lower courts have embraced new forms of electronic communication to actively engage with the public. Others, including Australia's High Court, have steadfastly remained aloof from media commentary. It is difficult to know if judges are satisfied by media coverage in Australia, because they maintain a policy of not speaking to the media. Similarly, public perceptions of the High Court are rarely documented. This chapter examines the policy shift that has occurred in Australia over the past two decades that has seen courts taking greater responsibility for the dissemination of information about court cases, the role of courts and the work of the judiciary. The days of waiting for the morning newspaper or the evening television news to find out about court cases, whether from the High Court or other courts, are over.