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Social media users warned over court case comments | Social media users warned over court case comments |
(34 minutes later) | |
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. | 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. |
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. | 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 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". | 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". |
He said he was not proposing "some sort of big brother watch" but wanted to educate people, possibly starting in schools. | He said he was not proposing "some sort of big brother watch" but wanted to educate people, possibly starting in schools. |
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. | 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. |
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 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". |
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". | 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. | 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". |
Rupinder Bains, a lawyer specialising in social media, said she did not think many people would read the attorney general's tweets and guidelines. | |
But she said if more people were prosecuted the publicity would lead to "future prevention". | |
Asked about people who tweet in the belief that they will not be prosecuted for breaching legal rules, she said: "You will be eventually. The law will catch up." | |
Twitter trouble | 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 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 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. | 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. | Complainants in sexual offence cases get lifelong anonymity from the moment an allegation is made. |