Legal review set to address social media threat to trials

The State’s legal advisory body is expected to make recommendations in relation citizen journalists and campaigners posting commentary on social media questioning the evidence of witnesses during trials in a forthcoming review of the law on contempt of court.

The Law Reform Commission’s review, which started last year, is also expected to find that the right to a fair trial, including the right to be judged on the evidence presented in court, trumps the right of freedom of expression, cited by campaigners and defendants.

Last Friday, retiring chief justice Susan Denham sent out a discussion paper to the presidents of the various courts on dealing with the threat posed by social media, saying the “fundamental” right to a fair trial needed to be protected.