Attorney General launches consultation on whether social media is risking right to fair trial
2 min read
Social media may be putting a defendant’s right to a fair trial at risk, the Attorney General has said.
Jeremy Wright QC spoke out as he launched a consultations on whether tighter reporting restrictions are needed in future.
Senior appeal court judge Sir Brian Leveson made the suggestions after the first trial of two schoolgirls convicted of murdering Angela Wrightson in Hartlepool was thrown out over social media comments about the case.
The Contempt of Court Act 1981 states nothing can be published that creates a “substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, even if there is no intent to cause such prejudice”.
Mr Wright said: “Every defendant in this country is entitled to a fair trial where a verdict is delivered based on the evidence heard in court.
“Our contempt of court laws are designed to prevent trial by media. However, are they able to protect against trials by social media? I am looking for expert evidence on whether the increasing influence and ubiquity of social media is having an impact on criminal trials and, if so, whether the criminal justice system has the tools it needs to manage that risk.”
He added: “We have to keep a balance between the principle of freedom of speech and the integrity of the trial process.
“What I want to see is how broad the concerns are, then we can start to think about the issues. I want to see whether judges have the tools required or whether they are crying out for some new powers or changes in the law.”
Law Society president Joe Egan said: “Social media increases the opportunities for people involved in trials to disclose or receive information that might put justice at risk, but that risk has always existed. We need to continue to balance the right to freedom of expression with the right of an accused person to a fair trial.
“It is vital that anyone participating in a trial - witnesses, members of the jury - understands what they can and can't do - and also understands the consequences of breaking these laws. It’s also worth thinking about what more we can do to help social media users understand these issues.”
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