Flint Bishop

The law is the same for Twitter

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".

For more information about Lodders, please visit their website here: www.lodders.co.uk

 

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Article published by Midlands Business News on 22 June, 2011

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