Pictured above: Mike Wakeling
Some Twitter users are treading a fine line between freedom of
speech and contempt of court, says a Midlands lawyer.
Mike Wakeling, a partner with Stratford-upon-Avon-based Lodders
Solicitors, cautioned that someone somewhere could find themselves
being made an example of if they sought to push the boundaries too
far.
His comments followed a warning by Attorney General Dominic
Grieve - who has the power to fine or even imprison those who
deliberately flout court orders - that he would act to uphold the
law if he felt it necessary.
"There is concern that both civil and criminal cases could be
put in jeopardy," said Mr Wakeling.
"There is a balance here. Twitter is very much a new phenomenon
and knows no geographical boundaries.
"It has already played a significant role in terms of the Arab
Spring, exposing what dictatorial regimes have been inflicting on
peaceful demonstrators, getting details out where otherwise it
might not have been possible.
"Similarly, Twitter played a key role in the exposure of
footballer Ryan Giggs's alleged affair with reality TV contestant
Imogen Thomas, after Midlands MP John Hemming argued in the House
of Commons that it was not possible to prosecute 75,000 of the
site's users who had breached an injunction by naming him.
"However, since then thousands of other Twitter users have
deliberately flouted court gagging orders to name celebrities
online.
"Concern is also growing over the use of Twitter in criminal
cases where seemingly innocent postings could potentially influence
juries, compromise the rights of defendants and bring expensive
trials to a halt."
Mr Wakeling went on: "The Attorney General has indicated he
would far rather not be forced to step in, and he is right to be
wary.
"But, as with all communications mediums, freedom of speech has
to be tempered by individual responsibility. There appears to be a
radical wing of anarchical Twitter lovers who are seeking to
challenge society and the rule of law.
"I think they will find that the authorities have no intention
of allowing some kind of Citizen Smith-style internet version of
the Tooting Popular Front to challenge the will of Parliament and
the law. If they push it too far then Mr Grieve will be forced to
step in and make an example of the ring leaders.
"Hopefully it won't come to that and common sense will prevail.
Twitter is clearly a medium many people enjoy and it would be a
great shame if the actions of a relative few put it at risk for the
many."
Mr Grieve, who is the main legal adviser to the Government, has
insisted Twitter users in England and Wales are not exempt from the
requirement to observe privacy orders.
He told BBC Radio 4's Law In Action: "If you're a tweeter and
you're susceptible to the jurisdiction of our national courts in
England and Wales it's not beyond the bounds of possibility that
you may find yourself being brought into court for contempt; and
the fact that you're doing it on Twitter doesn't give you some
blanket exemption."
He had previously noted that those who thought they could use
modern methods of communication to "act with impunity" might well
find themselves in for "a rude shock".
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