Bar Standards Board publishes revised social media guidance

In the fast-evolving world of the legal sector, one thing has become abundantly clear: social media has firmly established itself as a key tool in the marketing strategies of barristers' chambers and individual barristers alike. From networking and brand building to sharing insights and engaging with a wider audience, social media has transcended its status as a mere digital platform and is now a vital tool for many.

For those who carefully harness its potential, a well-considered social media strategy can be a game-changer. Some trailblazers have used the power of social media to not only increase their chambers' visibility but also to raise their personal profiles within the legal sphere.

Recognising the growing popularity and impact of social media, the Bar Standards Board (BSB) issued its first-ever "guidance on barristers' engagement in social media in October 2019.

As guides go, it wasn’t the most comprehensive of documents, pretty much repeating the core duties, with a smattering of tips such as, “Comments that you reasonably consider to be in good taste may be considered distasteful or offensive by others” or (a particular favourite), “avoid getting drawn into heated debates or arguments.” It does, however, clearly warn barristers that they face disciplinary action if complaints are investigated and upheld. 

In July 2022, the Bar Standards Board took a significant step forward, launching a three-month public consultation to refine their approach to the regulation of non-professional conduct and, more notably, barristers' use of social media. Simultaneously, they also launched interim social media guidance, which gave barristers a very clear understanding of the risks taken by posting various statements on social media, and the relevant consequences of such actions.

The revised social media guidance from the Bar Standards Board was released on Wednesday 20th September 2023. The guidance follows the conclusion of a consultation on barristers conduct in their non-professional lives as well as their duties under the BSB Handbook on social media use both in their professional and personal lives.

There is little change to the existing guidance which the B2B issued in October 2019. Instead, the guidance ‘seeks to make clear that it is the manner in which barristers express their views that is more likely to concern us rather than the substance of that view’. Although it does add ‘The substance of a barrister’s view may also raise regulatory issues.’

Also contained within the nine-page guidance are a few examples of social media conduct that could be considered a breach of the guidelines:

• Posting dishonest material online

• Making comments that target individuals or groups in a seriously offensive, discriminatory, harassing, or bullying manner, this includes comments of an indecent, obscene, or menacing character or gratuitously abusive comments. However, mere use of foul language, in isolation, is unlikely to cross the threshold.

• Sharing communications or hyperlinks to objectionable content without clearly expressing dissent could also be construed as an endorsement.

• Comments about judges, the judiciary, or the justice system that involve unfounded serious criticisms or gratuitous attacks may infringe upon the core duties.

• Barristers must also be vigilant about protecting client confidentiality when using social media, recognising the risks associated with divulging confidential information or revealing their whereabouts. Barristers should familiarise themselves with the settings of the social media platforms they use, as well as any privacy polices.

If you’d like to talk to us in confidence about how we can support you individually to elevate your profile, or work with your chambers to provide strategic marketing support, please contact Natalie Rodgers on 0114 4070159 / 07881 780608 / natalierodgers@scala.uk.com.