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Social media users warned over court case comments Social media users warned over court case comments
(about 2 hours later)
The attorney general is to publish guidance on Twitter to help prevent social media users from committing a contempt of court by commenting inappropriately on criminal cases. The attorney general is to publish guidance on Twitter to help prevent social media users from committing contempt of court when commenting on legal cases.
Dominic Grieve QC said it was designed to make sure fair trials took place.Dominic Grieve QC said it was designed to make sure fair trials took place.
Comedian Alan Davies, Commons speaker's wife Sally Bercow and celebrity Peaches Geldof have all recently run into legal difficulties with careless tweets. Peaches Geldof recently apologised for tweets relating to a case, and several people were fined last year for naming a woman raped by footballer Ched Evans.
The advice will apply to court cases in England, Wales and Northern Ireland.The advice will apply to court cases in England, Wales and Northern Ireland.
The rise of social media has meant that conversations about criminal cases, once had down the pub or over the garden fence, are now instantly published online - and can be shared with thousands, BBC legal correspondent Clive Coleman says.The rise of social media has meant that conversations about criminal cases, once had down the pub or over the garden fence, are now instantly published online - and can be shared with thousands, BBC legal correspondent Clive Coleman says.
But Facebook and Twitter are publications subject to the same laws that in practice used to apply only to the mainstream media.But Facebook and Twitter are publications subject to the same laws that in practice used to apply only to the mainstream media.
Anyone commenting about a case or defendant in a way that could prejudice a trial could be prosecuted for contempt and imprisoned.Anyone commenting about a case or defendant in a way that could prejudice a trial could be prosecuted for contempt and imprisoned.
That is why the attorney general is going to start publishing advice - that previously only went to the media - to the public via his website and Twitter feed.That is why the attorney general is going to start publishing advice - that previously only went to the media - to the public via his website and Twitter feed.
It is designed to help inform people about the legal pitfalls of commenting in a way that could be seen as prejudicial to a court case or those involved.It is designed to help inform people about the legal pitfalls of commenting in a way that could be seen as prejudicial to a court case or those involved.
Mr Grieve said: "Blogs and social media sites like Twitter and Facebook mean that individuals can now reach thousands of people with a single tweet or post. Mr Grieve said blogs and social media sites allow individuals to reach thousands of people with a single post, which he said was an "exciting prospect" but one which "can pose certain challenges to the criminal justice system".
"This is an exciting prospect, but it can pose certain challenges to the criminal justice system. He said he was not proposing "some sort of big brother watch" but wanted to educate people, possibly starting in schools.
"In days gone by, it was only the mainstream media that had the opportunity to bring information relating to a court case to such a large group of people that it could put a court case at risk. Guidelines currently issued to the media about high-profile cases could be published online and through Twitter to prevent legal risks and the collapse of trials, he said.
"That is no longer the case and is why I have decided to publish the advisories that I have previously only issued to the media." Mr Grieve said tweets by a juror had caused one sexual offences case to collapse, costing £300,000 and "requiring all the witnesses to go through the process all over again".
Mr Grieve said the move was not about telling people what they could say on social media but about helping to allow lawful comments. And he said misuse of social media could undermine the fairness of trials, which could call into question "the whole future of jury trials, which most people regard as a very important safeguard for our freedoms".
He said the "simplest rule" people should follow is not to comment on live trials online.
Technology expert Tom Cheesewright said social media offered "instant publishing".Technology expert Tom Cheesewright said social media offered "instant publishing".
He said some individuals have more Twitter followers than national newspapers have subscribers but - unlike journalists - they do not have legal training or "an editor to stop them".He said some individuals have more Twitter followers than national newspapers have subscribers but - unlike journalists - they do not have legal training or "an editor to stop them".
People may write posts while drunk or in "emotional states", he added.People may write posts while drunk or in "emotional states", he added.
"It's very unlikely we're going to have rules that stop this happening," he said."It's very unlikely we're going to have rules that stop this happening," he said.
"It's going to be about education and part of that education is going to come from high-profile prosecutions.""It's going to be about education and part of that education is going to come from high-profile prosecutions."
He said laws for print media had developed over many years and society would have to "go through the same process with social media" to develop laws and "public understanding".He said laws for print media had developed over many years and society would have to "go through the same process with social media" to develop laws and "public understanding".
Twitter trouble
Peaches Geldof apologised last week for tweeting the names of the two mothers whose babies were abused by rock star Ian Watkins.Peaches Geldof apologised last week for tweeting the names of the two mothers whose babies were abused by rock star Ian Watkins.
Police are investigating the tweets over concerns that they identified protected parties.Police are investigating the tweets over concerns that they identified protected parties.
The HM Courts and Tribunals Service has told BBC Newsbeat it is sorry for publishing the names of the other defendants in the Watkins case online.
The courts service admitted it had "mistakenly" published the names of two mothers convicted of sexually abusing their children and said the names were "quickly removed".
The case of Ched Evans, who was jailed for rape, generated more than 6,000 tweets, with some people naming his victim.
Complainants in sexual offence cases get lifelong anonymity from the moment an allegation is made.