Just joined Silence in court: what is lost - and who gains - when the state bans people from speaking out? chaired by @louisetickle with @PaulbernalUK @familoo @BrianfaFarmer Emma Norton of
@cmjhq @MarkNeary18 and Sir James Munby.

System not fit for purpose, doesn't serve it's purpose and needs reform - Sir James Munby

Steven went away for 3 days respite and the LA kept him away for 359 days - @MarkNeary18 Steven's case got a lot of publicity while he was away, the COP hearings one of first reported

@PaulbernalUK says he feels a bit of an imposter, he's more of a theorist... the relationship between privacy, freedom of speech and truth is more nuanced than most ppl think; it's about power and hard to disentangle from own situation

Emma Norton @cmjhq small legal charity est. end 2019, advise service personnel who've suffered serious abuse, bullying or harrassment, and support families if they're bereaved; clear rule service personnel can not comment publicly to press, parliament or campaign organisation

without explicit permission; reputation of military is given as reason

@Familoo is a child barrister, work relates to disputes between parents or parents and LA, also chair of @seethrujustice trial things to make family justice clearer

Default position is can attend hearings but can't report what heard in family court hearings; transparency capable of being achieved in CofP so default position of silence is problem - need flip on head and start on basis can report as long as don't identify @Familoo

@BrianfaFarmer works for PA, been journalist for 40yrs or so, thinks press should take a lot of responsibility; sign on door of Family Court says private can't go in, thinks any journalist who sees that sign should want to be on the other side

Shd show people it isn't a terror to report things, can name councils without identifying children... more do it system will let in and silence will become noise; that's what we should be doing @BrianfaFarmer

Is more lost? A loud YES, one doesn't overlook need to safeguard privacy and confidentiality of children, or families (matters of great sensitivity) but the other side is we have a system increasingly falling into disrepute because it can't be reported - Sir James Munby

The reputation of the system is being gravely damaged... focus of damage recently on private law cases, particularly those on domestic abuse... one only needs to watch the tweets coming out of #DAAppeal to see scale of the problem - Sir James Munby

Far too few judgements being published by judges at all levels across the system... particularly in private law cases - Sir James Munby

The system prevents publication of what goes on in court, theory protects privacy of families and children, also has effect of protecting the judges and lawyers from scrutiny... unless perform miracle of persuading judge you're about to criticise to allow you to publish - Sir JM

Transcripts of what had gone on... were of great concern demonstrating the way in which some judges were behaving... ultimately the problem is S12 of the 1960 Act, in ideal world S12 should go.

Sir James M says he won't live to see it because reform takes decades

The fundamental problem is culture, we need a cultural revolution... even after 30 years the culture is deeply embedded in average judge or family lawyer that publicity is not a good thing, journalists are not to be trusted, we should carry on as we are - Sir James Munby

Need to encourage work of freelance journalists and legal bloggers and non-lawyer bloggers... more is being done to open up the Court of Protection by bloggers not lawyers operating in similar system @OpenJusticeCoP Sir James Munby

One needs to flip the default position, as has been done in Court of Protection, the heavens did not fall, the CofP did not collapse... I believe reputation enhanced by its work being visible - Sir James Munby

@louisetickle gives credit to @GillLoomesQuinn @KitzingerCelia

Demonstrates how important the attitude of certain judges can be - Sir James Munby praises Mr Justice Hayden, tributes made to him 'we all knew that but the world didn't'

@PaulbernalUK is an expert in privacy law, @louisetickle asks who gains when state stops ppl speaking out

Privacy is about power, the people who need privacy are the people who don't have the power... the people who don't need privacy are the people who are already powerful, they use it to protect themselves @PaulbernalUK

The people who gain currently are the people who believe they're wielding power for the state; when state silences its for benefit of state e.g. state protecting military, not the people who need protected @PaulbernalUK

People need to relinquish their power @PaulbernalUK

Were you surprised the military guidance says it's to protect its reputation? @louisetickle

Paul wasn't surprised... difficult to say maybe I should be open and allow this and see what happens

When you know you'll be listened to, then you change how you behave... if you'll be scrutinised you're more careful about doing things that are less popular @PaulbernalUK

So can be tempted to do things that are popular, not right

Dangers of banning freedom of expression were clearly recognised but decided to go ahead anyway

Other people are protected by giving privacy to child @louisetickle

Unintended consequences one of biggest things in all aspects of privacy law @PaulbernalUK

Try convince people planning new law to look at what might happen but they find it very difficult to do that; default position frankly in relation to things like Home Office is to protect the Home Office @PaulbernalUK

Everything I hear suggests default position was in their minds to protect vulnerable child, but underneath it is to protect the system... in practice hard to sustain argument that protecting system protects child @PaulbernalUK

Situations change and when they change we have to reassess what situation is; existence of legal bloggers changes dynamic here, can mean shd be more open to opening things up @PaulbernalUK

In presence of social media will get misinformation that damages everybody... anchor point to deal with misinformation is to have solid, reliable good information there to compare it with, don't have it without baseline of good reporting @PaulbernalUK