The Impact Of Social Media On Criminal Justice System

Threat

The original call for evidence asked for examples of trials being affected by social media commentary and evidence of anonymity orders or reporting restrictions being breached via social media. Social media posts which are in contempt of court or which identify someone subject to an anonymity order are not uncommon. This has the potential to put trials at risk, as it could prejudice parties involved in the case, such as jurors, although cases where this has occurred have so far been rare.

The Solicitor General, Robert Buckland QC MP, explained:

'We launched this call for evidence with the goal of discovering whether the legal process was at risk due to social media, and whether people working in the criminal justice system have the tools they need to manage that risk. I am pleased to say that our respondents reported that this risk is relatively minor, and that they are already confident that they can mitigate the risk where it does arise. We need to guard against any future proliferation of the threat, however.'

Consultation

Individuals from across the criminal justice system, as well as members of the public, media organisations and academics were consulted and agreed that, although the risk has increased in recent years, social media does not yet pose a serious threat to the criminal justice system.

According to John Binns:

'It is right that we remain vigilant about the potential for social media to prejudice the criminal process--while the cases are rare, they are important and high-profile enough to warrant close attention. Since the case of Ex parte British Broadcasting Corporation and others R v F and another [2016] EWCA Crim 12, [2016] All ER (D) 59 (Apr), we have also seen the rugby rape trial in Northern Ireland, where there were concerns about the naming of a complainant.'

Government response

To address these concerns, a new 'contempt of court' webpage on GOV.UK has been launched to promote the safe use of social media by clearly and accessibly explaining the risks and implications of using social media to undermine the administration of justice

To further mitigate the risk of juries becoming prejudiced, the Judicial Office has begun work to produce new, comprehensive guidance on contempt for jurors. However, members of the judiciary reported that they are confident that they already have access to the tools necessary to mitigate the effects of prejudicial social media posts, although there was some concern about the delay...

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