The Legal Challenges of Social Media
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The Legal Challenges of Social Media

Edited by David Mangan and Lorna E. Gillies

Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
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Chapter 5: Contempt of court and new media

Daithí Mac Síthigh

Abstract

Contempt of court is a doctrine that has long faced challenges relating to changes in the media. The interest of the press in court proceedings, and the evolution of an often undeferential media, makes it a significant issue of which any sensible editor should be aware. Nonetheless, contempt is facing a number of quite substantial challenges in relation to social media. Indeed, even where contempt has been placed on a statutory basis, the specific language used may lead to doubts as to the application of the law to particular situations (particularly where it contemplates or refers to conventional structures of publishing and broadcasting). In this chapter, I outline some of the challenges, drawing both on case law and on the recent work of the Law Commission (England and Wales), the Australian Law Reform Commission, and the New Zealand Law Commission. Keywords: contempt of court; criminal law; jury trial; freedom of expression; Law Commission

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