Disciplinary Measures Consequent on the Judges’ Misuse of Social Media in Jordanian and French Legislation: A Difficult Balance between Freedom of Expression and Restrictions on Judicial Ethics

Abstract

This article deals with the disciplinary measure’s consequent on judges’ misuse of social media in Jordan and France. In fact, the research aims at approaching the disciplinary measures consequent on the judges’ misusing the social media and stating at the cases that constitute a breach against the judicial job duties for which the issue of the study is in the extent of allowance of granting the judges the freedom to use social media and the extent to which judges publish their professional achievements, disclose their job information, comment on public opinion cases published on social media and participate in analysis and discussion. Yet, this study adopted the applied methodology for the variety of the legislations that have been different in dealing with sections and topics falling under this subject. In fact, the study concluded with several findings and recommendations, the most important of which is the necessity of subjecting judges in Jordan to adequate training on ethical principles to exercise basic freedoms, both in relation to their profession and in activities outside the scope of the profession while that this training shall include, in particular, practical guidance on the use of social media and the need to involve judges in Jordan when setting legislation and ethical standards related to the exercise of fundamental freedoms and political rights within the framework of an open and transparent process, taking into consideration the existing international standards related to the exercise of fundamental freedoms and the jurisprudence of courts as well as the regional human rights mechanisms.