ABSTRACT
This chapter explores the harms that may be the unintentional costs of the open court in the modern age of technology. It discusses the open court principle with a view to establishing the core values it represents and distinguishing them from more peripheral concerns. Finally, the chapter attempts to build on the conclusions of these inquiries and suggest how judges can act to preserve the open courts principle without sacrificing privacy, justice and balance. In an age of mass media, electronic filing, and on-line access to court documents, it is becoming ever more difficult to reconcile concerns for the privacy, reputation and the well-being of individuals engaged in the justice system, with the principle of the open and public administration of justice. By promoting and preserving public confidence in the judicial system, the open court principle serves to maintain the authority of the courts and the rule of law in a civil society.
