Social media has opened up communication in a big way, by providing
an omnidirectional, accessible and unrestricted communications forum. Users can post their opinions and hold discussions with
anyone, at any time, and, significantly, there is no start or end to the
discussion. Through the transitory power of links, discussions move
from one person to another, from one perspective to another. Anyone can
squat down on a chair in front of an internet enabled device and let
loose, without being subject to qualifications or standards.
Of course
there are exceptions, as Facebook, along with other social mediums such
as forums, have their own privacy options and rules. In fact, I guess
much of the preceding text should be qualified with exceptions and limitations. The point being made, however, is social media is associated
with freedom of discourse. Reality check for some recently, as a juror was charged and sentenced to eight months
incarceration for shooting the breeze with the defendant on Facebook,
during the trial. Jurors are forbidden from having personal discourse
with defendants during the deliberations, or engaging in behaviour which
may influence the ultimate verdict.
The juror, who also searched for
information about the defendant's boyfriend online against
confidentiality instructions, claimed she felt some empathy for the
defendant and did not mean to influence the verdict. Extracts from the conversation
sound uncannily like casual Facebook banter between friends, one
commiserating the other over a trivial personal problem: 'what's
happenin with the other charge??' (defendant), to which the juror asked
for clarification, then replied 'cant get anyone to go either no one
budging pleeeeeese don't say anything cause jamie they could all miss
trial'.
Except this was a very serious
criminal trial, and the topic anything but trivial. The judge released a
statement explaining the grim, but arguably necessary decision to jail
the juror, reiterating that jurors have, and always have had, a sworn
oath not to engage in communication that could jeopardise judicial
integrity. It was true with traditional media, and holds true with
social media. Additionally, the trial is being re-examined because of the
indiscretion.
Social media is a different type of medium than the
phone or the printed press, and, controversially, is not always subject
to the same regulations. But, there are some major legal regulations
and standards involving touchstones like judicial integrity (in this
case), as well as others, such as defamation, which we must assume
applies to all communication mediums.
Look out for the epic, dark fantasy ebooks of Goodreads-rated author T.P. Grish at:
http://booksoftpgrish.blogspot.com.au/
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