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"The Member's Tweets": does the use of social media by participants in the parliamentary debate necessitate a rethink of parliamentary immunity?
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Location research
Date
2024-07
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en_US
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Abstract
This paper discusses whether the use of social media by participants within the parliamentary deliberation should be occasion to rethink the legal design of parliamentary immunity. Parliamentary immunity, as laid down in each of the constitutions of the countries of the Kingdom of the Netherlands, provides that those who take part in the deliberations of parliament (either orally or in writing) do not face civil nor criminal liability for the communications expressed within this setting. Through social media, participants within the parliamentary deliberation can broadcast communications which are not primarily aimed at forming part of the parliamentary debate.
This paper first examines through a doctrinal analysis of the applicable laws and case law whether such communications fall under the current scope of parliamentary immunity. Furthermore, through interviews with political stakeholders and anonymized online surveys of the voting public, it is explored whether there is a desire to include such communications under the ambit of parliamentary immunity in the digitized society of Aruba today.
Citation
Huiskes, B. (2024). "The Member's Tweets": does the use of social media by participants in the parliamentary debate necessitate a rethink of parliamentary immunity? International Legal Ethics Conference 2024.
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International Legal Ethics Conference 2024
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https://hdl.handle.net/20.500.14473/1336