[LINK] UK Peer wants to change history

[jeff.evans at iird.vic.gov.au]

   Linked from<
http://www.spy.org.uk/spyblog/archives/2004/11/attorney_genera.html>

     Press warned over criminal records
     The Times, November 26, 2004  By Frances Gibb, Legal Editor

     Newspapers were warned yesterday that they are not free to report a
     defendant's previous convictions, even though these may now be
     disclosed to juries.


     The changes did not mean "a green light" to report such evidence and
     doing so could still be in breach of contempt laws, Lord Goldsmith,
     QC, the Attorney-General said. "To those who take that view I would
     sound a strong note of caution," he told a seminar in London. "There
     is to be no automatic admission of such evidence. It will be a matter
     for the judge at trial.


     "It will not be possible for journalists to know at the point of
     arrest or in the period leading up to trial what rulings will be
     made," he said.


     Publication of previous convictions or other material relating to the
     accused's supposed bad character could therefore give rise to a
     substantial risk of serious prejudice."


     Lord Goldsmith also highlighted the risk posed by online newspaper
     archives. Jurors were now free to surf the web and could come across
     articles written months before that could be prejudicial, he said.
     Articles on a website that were not prejudicial when written could
     constitute contempt at the time of trial and should be removed.


     "If they are on the web, there is a real risk that they can be found
     by the jury. Of course, the judge can give direction to the jury not
     to surf the web but . . . that is not a very easy direction to give.


     "The media therefore has to be aware of this risk and be prepared,
     where there is a substantial risk of serious prejudice to remove
     reports from websites, even when the report, when it first appeared in
     the printed press, did not give rise to a substantial risk, due to the
     fade factor (the time likely to elapse before trial)."

Seems like the UK courts believe they can _retrospectively_ censor the
internet!

Can anyone hear George Orwell spinning?

Regards

Jeff Evans
Manager, Business Channel
Department of Innovation, Industry & Regional Development (DIIRD)
Victoria, Australia
Ph 03 9651 9590 Fax 03 9651 9725
Email jeff.evans at iird.vic.gov.au
http://www.business.channel.vic.gov.au
http://www.business.vic.gov.au
http://www.export.vic.gov.au
http://www.ecommerce.vic.gov.au



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