Legal history has been made in the UK today when a former juror admitted contempt of court. What made this case ground breaking is the way that the crime was committed. Joanne Fraill was a juror in a drugs trial. She made contact with a recently acquitted defendant, Jamie Sewart, via Facebook. They discussed the progress of the trial in which a number of defendants were still awaiting to hear the outcome of their own cases.
At the time of the contact in August last year the jury was in the process of deciding verdicts against a number of alleged members of a drug gang. Sewart’s solicitor informed the judge that the contact had been made via Facebook between his client and the member of the jury. The case was stopped and collapsed as a result.
This week both Fraill and Sewart have appeared in the UK’s High Court to answer charges of contempt of court. Under UK law they face possible imprisonment for up to two years if found guilty.
The reason that the pair have been accused of contempt of court dates back to a speech given last year by the UK’s Lord Chief Justice in which he said that if somebody used the Internet to try to find information about a case they are trying then they may end up in prison.
The judge in the original trial had already told the jurors that they could only base their decision on evidence that they heard within the court. Fraill has admitted that she contacted Sewart via Facebook and discussed the case, including the jurys deliberations, while the jury was attempting to reach decisions over various alleged members of the drugs gang.
The case once again raises concerns over the ways that individuals use social media and social websites. There hardly seems to be a week goes by without news of people losing their jobs over the way that they have used Facebook or Twitter. In spite of the chorus of disapproval that seems to take place every time one of the social media giants implements some change or other that it is alleged breaches our privacy I would argue that biggest danger to privacy are not the social networks but rather the people that use them.
This is an emerging technology that is as game changing as the Internet was just over a decade ago. Individuals and organisations alike are having to learn the rules as they are going along. I can see the day will soon be upon us that during a new employees induction they will be given guidelines on what is and is not acceptable for them to share on their social media channels. Privacy campaigners may argue that an employer has no right to dictate what an employee can or cannot do outside of the employees contracted hours but most companies have clauses in their employment contracts that state if you bring the company into disrepute then you may face a charge of gross misconduct.
The etiquette of social media is still evolving and while much of it may be seen as common sense I would just point out that in my experience there is nothing common about sense.