The Bar Standards Board (BSB) last week launched interim social media guidance as well as a three-month consultation on proposed new social media guidance and regulation of non-professional conduct. It wants to clarify the boundaries when regulating conduct in a barrister’s private life.
The BSB said regulation must address conduct in the barrister’s private life that might have an impact on the public’s confidence in them as professional barristers, but also balance barristers’ human rights against the public interest in preserving public confidence.
In terms of revising its social media guidance, its draft guidance suggests it is unlikely to be concerned about political views or comments criticising political figures as these ‘sit at the top of the hierarchy of free speech values’. The use of foul language is unlikely to be a breach.
Examples that would be of concern include ‘making comments which are of an indecent, obscene, or menacing character or which are gratuitously abusive’ or ‘making comments that are critical of judges or the judiciary beyond what is “discreet, honest and dignified”’.
It provides case studies of conduct that could diminish public trust, such as deliberately misgendering a transgender woman in several tweets and threatening them, or sending ‘seriously offensive private messages on LinkedIn’ to a person the barrister has connected with but does not know offline.
Mark Fenhalls QC, chair of the Bar Council, said: ‘We know from our own ethical enquiries service that issues relating to social media and barristers’ private lives can be difficult to navigate.
‘We have long argued that the Bar needed more clarity from the regulator on where the balance lies.’
The consultations, which can be found here, close on 20 October 2022 at 5pm.
