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Lawyers warn social media over Mikaeel case

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Lawyers warn social media over Mikaeel case Empty Lawyers warn social media over Mikaeel case

Post  bb1 Mon Jan 20, 2014 2:07 pm

http://www.dailyrecord.co.uk/news/scottish-news/lawyers-warn-social-media-users-3040334

Lawyers warn social media users about dangers of illegal posts relating to Mikaeel Kular case

20 Jan 2014 10:23
THE disappearance and death of Mikaeel and subsequent arrest of his mother has been a hot social media topic - but views expressed could breach contempt of court laws

LAWYERS last night warned social media users about the dangers of illegal posts relating to the Kular case.

The disappearance and death of Mikaeel and subsequent arrest of his mother has been a hot topic on Twitter and Facebook.

But views expressed could breach contempt of court laws as Twitter and Facebook are governed by the same publishing and broadcasting leglislation as newspapers, TV and associated websites.

Even if the views are those of an individual, once they are on the internet they are regarded as having been published and could be actionable.

Media lawyer Callum Anderson said: “The Contempt of Court Act 1981 substantially restricts, in relation to criminal cases, what the media can and can’t publish.

“Any publication that creates a substantial risk that the course of justice will be seriously impeded or prejudiced is a criminal offence.

“Contempt of court is a serious offence and can be punished by up to two years in prison.

“The Act applies from when proceedings become ‘live’, which is usually when the accused is arrested.

“It does not just apply to newspapers or TV broadcasters, it also applies online to individuals including blogs, Facebook posts and tweets.

“Even retweeting the tweets of others would be a contempt of court if the material being retweeted caused a substantial risk of prejudice.

“Those posting material online need to do so responsibly and sensibly.”


Last edited by bb1 on Fri Jan 24, 2014 4:48 pm; edited 1 time in total
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Lawyers warn social media over Mikaeel case Empty Re: Lawyers warn social media over Mikaeel case

Post  lily Mon Jan 20, 2014 2:45 pm

Those posting material online need to do so responsibly and sensibly.”

The hounders will see that as their escape clause.....
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Lawyers warn social media over Mikaeel case Empty Re: Lawyers warn social media over Mikaeel case

Post  bb1 Mon Jan 20, 2014 2:54 pm

Those vultures are incapable of anything resembling 'responsibility', Lily. But they might like to bear in mind that lawyers will ALREADY be scouring the internet for material that could prejudice a fair trial - and the vultures are providing that amply.

I can see the day coming when potential jurors' internet use is going to be taken into consideration before they're allowed anywhere near a jury box; pitchforkers and lynchmobbers will automatically be disbarred.
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Post  lily Mon Jan 20, 2014 3:40 pm

I can see the day coming when potential jurors' internet use is going to be taken into consideration before they're allowed anywhere near a jury box; pitchforkers and lynchmobbers will automatically be disbarred.

As well they should be. It will be no use for them to argue about their so called 'rights' either.
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Post  lily Mon Jan 20, 2014 3:42 pm

Those vultures are incapable of anything resembling 'responsibility'

Some of them, well one in particular, has tried hard to worm out of the responsibility angle to no avail.
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Lawyers warn social media over Mikaeel case Empty Re: Lawyers warn social media over Mikaeel case

Post  bb1 Mon Jan 20, 2014 4:39 pm

http://news.sky.com/story/1197799/mikaeel-kulars-mother-charged-with-murder

As I've said on the other thread, NO public comments, please, they will be deleted.
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Post  lily Mon Jan 20, 2014 4:49 pm

I think you know we won't, Bonny. Thanks for the link.
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Post  bb1 Mon Jan 20, 2014 4:55 pm

I know no-one here will, Lily. But those idiots on the we-hate-the-McCanns sites are STILL running their mouths off.

If they think lawyers aren't already scouring the UK-centred internet for material which is likely to wreck the chance of a fair trial, then they don't know much about Edinburgh lawyers.

Ah well, on their own consciences be it.
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Post  lily Mon Jan 20, 2014 5:07 pm

Don't they supposedly have er 'legal experts' on those sites?
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Post  bb1 Mon Jan 20, 2014 5:17 pm

Obviously not, Lily, or they would have known they should have STFU several days ago.
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Post  lily Mon Jan 20, 2014 5:37 pm

They sure have been shown up for what they are.
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Post  bb1 Mon Jan 20, 2014 7:07 pm

The internet IS being watched:

UK database for sex offences against children Jan Jamieson, Yes I agree, but allowing comments on this one case would put this whole page at risk. We have had a warning off police, for some of the vile comments that have been made over the past few days.

Anyone still allowing comments on this matter has only themselves to blame if they find themselves in hot water.
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Post  lily Mon Jan 20, 2014 7:21 pm

This may be the way of the future.
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Post  bb1 Mon Jan 20, 2014 7:48 pm

It always happens when people won't behave themselves, Lily, especially where something as important as this matter is concerned.
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Post  lily Mon Jan 20, 2014 8:24 pm

Then they will start complaining. Maybe starting a petition and so on. While all the time..... Pcorneater 
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Post  bb1 Tue Jan 21, 2014 12:42 pm

Unfortunately, not a surprise to see some - thankfully, not all - of the numties and haters demonstrating that they don't understand the concept of things like Sub Judice and Contempt of Court.

One load of numties are indeed inventing new conspiracy theories because unlike the responsible media, they are ignoring the law.

No doubt they think they are entitled to carry on with their asinine speculation.
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Post  lily Tue Jan 21, 2014 3:07 pm

Conspiracy theories seem to be the only thing that makes sense to some.
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Post  bb1 Tue Jan 21, 2014 3:09 pm

And their conspiracy theories are always based on misinformation and outright ignorance.
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Post  lily Tue Jan 21, 2014 3:26 pm

And their conspiracy theories are always based on misinformation and outright ignorance.

Which becomes a self perpetuating downward spiral for their beliefs.
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Lawyers warn social media over Mikaeel case Empty Re: Lawyers warn social media over Mikaeel case

Post  bb1 Tue Jan 21, 2014 7:06 pm

Myths found this interesting link - a few people elsewhere should read it and take heed:


http://www.huffingtonpost.co.uk/felicity-gerry/mikaeel-kular_b_4636275.html?utm_hp_ref=uk

Dead Children and the Law

Quote:

Legal cases are heard in a court, not on the internet. Malicious communications are criminal. Uninformed malicious communications are based on flimsy opinion without any knowledge about what the evidence actually is. It makes the task more difficult for investigators, lawyers and judges when, in addition to a serious criminal case, there is a maelstrom of online gossip.
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Post  lily Tue Jan 21, 2014 7:14 pm

Wonderful advice from that international barrister, Felicity Gerry.

Whilst we wholeheartedly agree with her, there are still those who think this will not apply to them as they are the world's super duper extraordinary armchair defectives. They know who they are.
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Post  bb1 Fri Jan 24, 2014 4:47 pm

http://news.sky.com/story/1200521/twitter-trolls-jailed-for-sending-abusive-tweets

Twitter Trolls Jailed For Sending Abusive Tweets
A man and a woman are jailed for abusing high-profile feminist Caroline Criado-Perez and MP Stella Creasy on Twitter

Two people who used Twitter to verbally abuse high profile feminist campaigner Caroline Criado-Perez have been jailed.

Isabella Sorley, 23, has been jailed for 12 weeks. She used Twitter to tell Ms Criado-Perez to "f*** off and die you worthless piece of crap", "go kill yourself" and "rape is the last of your worries".

John Nimmo, 25, was jailed for eight weeks. He told Ms Criado-Perez to "shut up bitch" and "Ya not that gd looking to rape u be fine" followed by "I will find you (smiley face)" and then the message "rape her nice ass", Westminster Magistrates' Court heard.

Sentencing Sorley and Nimmo, Judge Howard Riddle said it was "hard to imagine more extreme threats".

The pair bombarded Ms Criado-Perez with the abusive messages last year after she led a successful campaign using social media for a female figure to appear on a Bank of England note.

She responded to the sentencing on Twitter, saying: "I feel immensely relieved that the judge clearly has understood the severity of the impact this abuse has had on me."

Unemployed Nimmo also targeted Stella Creasy, the Labour MP for Walthamstow, with the message "The things I cud do to u (smiley face)", calling her "Dumb blond bitch."

The court previously heard that the MP responded with the message "That's dumb Dr blonde bitch to you".

"Love it at least u can have a laugh", Nimmo responded, to which Ms Creasy said: "I'm not having a laugh, I'm cataloguing your vile conduct #takebacktwitter".

Nimmo, from Moreland Road, South Shields, Tyne and Wear, and Sorley, from Akenside House, Akenside Hill, Newcastle-upon-Tyne, pleaded guilty on January 7 to sending menacing tweets.

They admitted were among the users of 86 separate Twitter accounts from which Ms Criado-Perez, 29, had received abusive messages.

The judge said the effect of the abuse on Ms Criado-Perez had been "life-changing". She describes "panic and fear and horror," he said.

He added that it had also had a "substantial" impact on Ms Creasy, who has had a panic button installed in her home.

The judge said of the abusive tweets: "The fact that they were anonymous heightened the fear.

"The victims had no way of knowing how dangerous the people making the threats were, whether they had just come out of prison, or how to recognise and avoid them if they came across them in public.

The court heard that university-educated Sorley has 25 previous convictions, the majority for being drunk and disorderly.

While on bail for this case, she also committed two offences of assaulting a police officer and is awaiting sentence for an assault on New Year's Day, the court heard.

During mitigation, Sean Caulfield, defending Sorley, said she herself was a "victim" of new technology as she did not understand the impact of what she was doing.

Paul Kennedy, representing Nimmo, described him as a "somewhat sad individual" who is "effectively a social recluse".

Mr Kennedy said that, when Nimmo's original tweet was responded to and retweeted, it encouraged him to send more messages as he saw it as an "indication of popularity"
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Lawyers warn social media over Mikaeel case Empty Re: Lawyers warn social media over Mikaeel case

Post  bb1 Fri Jan 24, 2014 5:07 pm

From Sky:

Lawyers warn social media over Mikaeel case Comp2-1-626x352

A handsome couple of trolls - NOT.
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Post  lily Fri Jan 24, 2014 5:11 pm

This is just the start......
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Post  Jean-Pierre.t50 Fri Jan 24, 2014 5:46 pm

I wonder what their usernames are on some of the anti mccann sites......

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