How Social Media Reduces Impartiality

In the current day and age social media is difficult to escape. As it encroaches upon an increasing amount of our life, some complications have arisen particularly with our legal system. The murder of Melbourne woman Jill Meagher in September 2012 sparked huge media interest both in forms of traditional and social media.

The Victorian Department of Justice, largely in response to the Jill Meagher case prepared a report entitled “Juries and Social Media” to make recommendations as to prevent jury bias in high profile criminal cases.

In the aftermath of the arrest of Adrian Ernest Bayley a number of Facebook pages incited violent retribution against him for Meagher’s murder even though he was still the “accused” at this stage of legal proceedings. Jill’s husband Tom Meagher, in the following days also pleaded with the public that such activity on social media could be harmful to the course of justice.

Associate Professor Jane Johnston from Bond University distinguishes comment made through social and traditional forms of media. “Journalists understand what can and can’t be published and at what time ……. as a general rule journalists are trained.” This relates to exposure to influencing media jurors may or inevitably will be exposed to during high profile cases.

Although the Jill Meagher case did not require a trial the activity on social media attacking the accused sets a dangerous precedent for future cases. The phrase “trial by social media” looks set to become increasingly common.

The Department of Justice Report proposes a number of recommendations including stronger and more specific briefings to jurors in relation to social media. Johnston acknowledges that it is impossible and impracticable to prevent people being exposed to potentially prejudicial information.

“It’s about bringing the old rules into a contemporary environment,” meaning that the ways that juries are briefed about potential prejudices needs to be updated to a modern context. That way the natural course of justice can be maintained.

Connor Bourke’s report on Panorama featuring an interview with Associate Professor Jane Johnston can be accessed here: http://bit.ly/122fqEg