Why targeting the social media companies makes sense

NEW laws aimed at properly defining contempt of court are likely to be met with strong resistance from an unlikely set of allies.

The tech giants will no doubt fight back against the possibility of being hit with unlimited fines for the sins of their users.

The ‘liberals’ who love nothing more than to attack the ‘mainstream’ will feel their freedom of speech is being impinged upon.

But the basic principle that everybody is entitled to a fair trial demands the Oireachtas gives due weight to the bill being brought forward by Fine Gael TD Josepha Madigan.

Generally there are two ways contempt of court can happen. It can be the result of an unfortunate mistake or a deliberate attempt to sway opinions mid-trial.

Journalists receive legal training and have access to lawyers who check copy for potential problems before it makes its way into a newspaper or online.

But Facebook and Twitter have opened up the world of self-publishing to the point where Judge Melanie Greally, who oversaw the Jobstown trial, recently said existing contempt of court rules were “hopelessly inadequate”.

Ms Madigan’s bill focuses on the social media sites, which makes sense.

Facebook, Twitter and others allow users to publish unverified information. Opinion is regularly presented as fact.

With a growing number of people getting news through online channels, Ms Madigan says “anything written on a social media platform should be treated in the same manner as on a mainstream platform when it comes to trying to influence the outcome of a trial”.

For those who would dismiss this as just another bill from a backbencher, it’s worth remembering that while this is only the solicitor’s second piece of legislation to write, the Government has already committed to a referendum on her first piece which relates to divorce.