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ARTICLE · 14 OCTOBER 2012

Facebook, Twitter not immune from contempt and defamation laws

Anyone who sets up a Facebook page or Twitter account is a publisher, so social media users are subject to these laws.

AustraliaLitigation, Mediation & Arbitration

Trial by Twitter and Facebook is against the law.

The law regarding the justice process is very clear – as soon as a person is charged with an offence, especially murder, it is illegal to publish anything about the accused that might jeopardise them getting a fair trial. They are presumed innocent until found guilty in court.

Newspapers, radio and television can't publish details of an accused's prior convictions or charges against them. They can't run any commentary on the guilt or innocence of the accused. They can't publish photos or information about the accused that may influence a witness or juror.

Break these laws and the publisher and reporter can be held in contempt of court and face stiff penalties, even jail. Everybody has the right to a fair trial, and these laws are designed to prevent witnesses or juries being influenced by what they may see in the media.

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