Toronto Star

Beware of mob justice in the age of social media

- SCOTT THOMPSON Scott Thompson is a Banting postdoctor­al fellow with the Surveillan­ce Studies Centre at Queen’s University. His research focuses on the relationsh­ip between classifica­tion, governance and surveillan­ce technologi­es.

The recent incident regarding the tossed beer can at the Blue Jays game may seem like just another instance of foolishnes­s (on many people’s part), but it is more significan­t than that.

It points to a developing trend where the lines are becoming blurred between surveillan­ce, social media and law enforcemen­t.

We are seeing that social media has enabled a new capacity to crowd source public identifica­tion, to impose the judgment of guilt and to apply punishment­s of specific and general deterrence — that is, punishment­s that work to hurt the individual, as well as those that work to ensure the general public sees the punishment of the individual and chooses not to do that same thing in the future.

In the past, these functions of collecting evidence, of passing judgment and applying sentences were understood as being the exclusive purview of impartial profession­als within the Canadian criminal justice system.

Throwing cans of beer, or anything else for that matter, at sporting events is of course wrong and even more concerning are the allegation­s of public displays of racism by some individual­s at the ballpark.

It is difficult to fault anyone for wanting to take action against whoever may have done this, or question their desire to reiterate in no uncertain terms that these actions do not have a place within our community.

It is also difficult to fault the Toronto Police Service for releasing a photo of an individual they wanted to question, since calling on the aid of the general public to identify individual­s in this way has historical­ly been an effective tool for police work, while the very public nature of this case has increased the pressure to solve this case quickly.

What is extremely problemati­c here is that our system of justice in Canada was designed to avoid mob justice, it was designed to ensure that any individual would be brought before an impartial court and given the presumptio­n of innocence before any trial was to begin.

We have decided culturally that fair trials and strict adherence to rules about evidence collection and testimony are the ways that justice is best served.

By social media taking on these functions of judge, jury and sentencing, we not only leave ourselves open to having our lives ruined by being misidentif­ied as a perpetrato­r — as very well may be the case with the person currently identified and accused through social media.

We also put at risk our shared cultural understand­ings around how justice should be done, an understand­ing that has been with us since Cesare Beccaria in the 18th century fought for law to be fair and evenly applied.

If the individual identified is in fact innocent, this would not be the first instance where social media has come to the conclusion that a certain person was guilty of a crime and dispensed its vengeance, only to later find that individual had nothing to do with it.

This happened very publicly to Sunil Tripathi, who was accused by Reddit users of carrying out the bombings at the Boston Marathon in April 2013, and it has had detrimenta­l and lasting effects on his life and the lives of his family.

The Stanley Cup riots in Vancouver in 2011saw similar social media responses of outrage and identifica­tion.

In that case, the Vancouver Police Service also called on the general public to identify and build cases against people photograph­ed and caught on video, ultimately resulting in nearly 300 people being charged and brought through the court system.

These incidents will certainly not be the last we see of social media stepping into law enforcemen­t.

Moving forward, it is obviously well past time we stop throwing things at public events and take a stand against racist comments, but it is also a critical time to look into policies and legislatio­n that will work to ensure the fundamenta­l rights upon which the criminal justice system is based are not eroded by this new trend of social media crowdsourc­ed evidence gathering.

What is extremely problemati­c here is that our system of justice was designed to avoid mob justice

 ?? TWITTER ?? Online sleuths try to piece together the identity of the person who threw a beer can at the Toronto Blue Jays wild-card game.
TWITTER Online sleuths try to piece together the identity of the person who threw a beer can at the Toronto Blue Jays wild-card game.
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