Good reminder. Complainants in pending trials aren’t helped by social media discussion about alleged perpetrators. Whether you like that part of our law or not, it’s the law. For justice to be done, for all involved, people reflecting on guilt/innocence in a public forum is so irresponsible. - ThreadSky

milliganreports.bsky.social • 109 days ago

Good reminder. Complainants in pending trials aren’t helped by social media discussion about alleged perpetrators. Whether you like that part of our law or not, it’s the law. For justice to be done, for all involved, people reflecting on guilt/innocence in a public forum is so irresponsible.

Reposted from marque lawyers

It is true that the sub judice contempt rule needs to be reformed as it is out of step with modern digital reality, however in the meantime the best way to ensure Alan Jones gets a trial at all (let alone a fair one) is to shut up about the criminal charges against him.

Comments

attributionbias.bsky.social•109 days ago

Incredulous an industry which enabled and protected someone has the audacity to claim sub judiciary a huge problem in delivering justice for victims. Perhaps the media industry would best send its time considering privilege, self -interest, and cowardice.

gormangee.bsky.social•109 days ago

https://www.theguardian.com/media/2024/nov/19/alan-jones-arrest-indecent-assault-sexual-touching-allegations-ntwnfb

flurf.net•108 days ago

It's not necessary to use this case to find something to say about that man. You can just note that he was uniquely positioned to speak to power for all queer people for decades, and he did not. He hurt them with his words AND his silence. That's enough reason to despise him; no need for any more.

peggysanders.bsky.social•109 days ago

The people are sick of playing this game of gagging and secrecy. Look what happened with George Pell case. Look what happened with Bruce Lehmann rape of Brittany Higgins.

Wrong and unjust law does not serve justice. Probably waste of time contacting @MarkDreyfusMP or @albomp.bsky.social

quoththecraven.bsky.social•109 days ago

In the past, while people gossiped and discussed cases in the pub, homes, and workplaces, only journalists had a megaphone, so it was easier to control. Today, everyone with access to social media has a megaphone of their own, and it's difficult for jurors to not be, or deny being, exposed to it.

paisleyprickles.bsky.social•109 days ago

we should all remember how funny it is that HG Nelson named him 'the parrot', I've heard AJ particularly dislikes the moniker

nellyjane.bsky.social•108 days ago

This is exactly what we were told to do re PELL so we shut up he got convicted & then ABBOTT & HOWARD got him out !! Watch us shut up he’ll be found guilty gaoled & Abbott or old coot will get him out !

my2centsworth.bsky.social•109 days ago

Just reading Marque lawyers' post I'm assuming sub judice needs reform to include SM platforms? It seems to apply more to journalists. Can't find anything relating to the general public on SM. I'm gonna ask Marque Lawyers as I think the suppression order for the Pell case included public comment?

therevmountain.bsky.social•109 days ago

Social media posting is publishing (and the poster, not the platform, is legally responsible), so it applies to all social media posts too. Can debate the merits of that, def, but that part is settled.

my2centsworth.bsky.social•109 days ago

I'm not debating, just asking. Seems to me if it's published then it applies. I'd like a legal perspective. It's an interesting subject, i.e. public contempt. In the Pell case 23 Journos & 13 news outlets were hauled before the court. Needs clarification so ppl stop talking about it.

therevmountain.bsky.social•109 days ago

Not debating either, just saying it's effectively settled. The clarification only comes if the court chooses to pursue it – more likely if it's the media, but not different as such.

https://theconversation.com/why-was-the-brittany-higgins-trial-delayed-and-what-is-contempt-of-court-a-legal-experts-view-on-the-lisa-wilkinson-saga-185585?utm_source=twitter&utm_medium=bylinetwitterbutton

my2centsworth.bsky.social•109 days ago

I think it would be useful to educate the public so everyone knows they could run the risk of contempt of court & consequent fines if comments made, are construed as prejudicial to a fair trial. I've just suggested to other ppl commenting that they might wanna be careful what they say.

my2centsworth.bsky.social•109 days ago

It's something the public needs more ed on IMO. Sub Judice is well known to journos & news outlets, but the public aren't as aware that comments on an SM platform may constitute publication, hence contempt?. Maybe the court should issue a gag order ASAP, inform SM platforms & issue a press release?

dingo-news.bsky.social•109 days ago

Warnings about commenting on Alan Jones and his case?

Just did not see these same concerns when the PM, politicians, Big Business and journos were weeping for Gladys Berejiklian and telling us what a great person she was *before* the NSW ICAC made a decision

https://dingo.news/voice/gladys-corruption-rubber-toothed-watchdogs-and-their-apologists-explained-mick-lawless/

milliganreports.bsky.social•109 days ago

ICAC is a completely different jurisdiction & doesn’t have a jury. No one charged. It is about the perception of influencing a jury & the fact that it could stop a trial from getting on foot. If you care about complainants who brought their case to court & want to see justice, that’s all this is.

dingo-news.bsky.social•109 days ago

Still a group of influential people and orgs weighing in on a matter pending judgement - Result would have pleased

Understand the argument re: juries but it is not as though all commentary is the same

Don't have much faith in our legal system anyway, it seems to favour the rich and influential

dingo-news.bsky.social•109 days ago

Need to add - Love your work

milliganreports.bsky.social•109 days ago

And thank you. This isn’t a discussion about whether any of this is fair. It’s a discussion about the law of sub judice & need to protect people who take on powerful alleged perpetrators, bc courts are immovable on this subject & it’s devastating for vulnerable people if trials don’t proceed.

milliganreports.bsky.social•109 days ago

It will favour the rich and influential more if trials of rich and influential people accused of crimes (by people far less powerful than them) are avoided/aborted due to social media discussion. The rich and influential win in that scenario.

dingo-news.bsky.social•109 days ago

They win in most scenarios but take your point

marcuskelson.bsky.social•109 days ago

Well said the both of you.

irmagherd.bsky.social•92 days ago

But we can still talk about his green tracksuit right?

antsyturbo.bsky.social•109 days ago

Frustrating that it keeps happening. This reminder gets raised very regularly on SM but some ppl just can’t help themselves.

amw2023.bsky.social•109 days ago

That’s a very helpful reminder. It’s so hard to keep quiet when you’ve seen so many injustices go by. But we do want a fair trial so it can’t be thrown out.

milliganreports.bsky.social•109 days ago

And having, like @marquelawyers.bsky.social, spoken with 100s of survivors of sexual crimes (note not talking about this case as it’s on foot & not one I worked on), it’s unbelievably stressful going through criminal justice process & they don’t need people on social media making it worse.

aussiesewerrat.bsky.social•109 days ago

I feel for the victims. For journalists who have to listen to those sort of crimes you would end up being sickened. Your mental health would take a battering also.

facthound.bsky.social•109 days ago

The note of caution is best heeded.

I find it bizarre that people still fail to realise they are publishing to the world on this platform or any other or that they believe publication has no consequence.

labrooy61.bsky.social•109 days ago

Sometimes you have to wonder who is on trial.

janeoakley.bsky.social•109 days ago

Ask Brittany Higgins that 😔

saints-dragons.bsky.social•109 days ago

I often wonder how our comments on social media may impact a court case.
A good warning from @milliganreports.bsky.social.
Best be very careful.

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