There have been multiple notices about the dangers of speculation and online gossip since Sir Geoffrey Donaldson was charged on Friday with multiple historic sex offenses, including rape.
The Lagan Valley MP resigned as DUP leader in the wake of the accusations and told party officials he would “fight vigorously” on all issues.
His wife, Eleanor, has also been charged with aiding and abetting additional crimes in connection with the same police investigation.
Yesterday, Northern Ireland’s Attorney General Brenda King warned of caution in commentating on ongoing criminal proceedings.
Although not directly addressing the Donaldson case, her office said: “Lawyers advise media outlets as well as the public to consider the potential consequences before publishing, posting, or sharing commentary online or otherwise.
“Prosecutors will remind the public and the media that anyone who publishes, posts or shares material risks being held in contempt of court.”
Dr Colm Murphy is a Lecturer in Media Law at the University of Ulster.
“There are some pretty serious risks involved in not just naming the alleged victim of a sex crime,” he said. “It’s an active case because two people have now been indicted, and it’s a public list.” “This means that all of them exist,” he warned. And media cannot speak or post online. ”
“If you make any reference to evidence in the case other than what is stated in the court order, even if it is false, you may be held personally liable for contempt of court,” he added. .
Complainants in sexual abuse cases, historical or otherwise, are given lifetime anonymity, regardless of the outcome of the criminal proceedings.
This anonymity is guaranteed from the moment you claim to be a victim of a sexual crime.
Contempt of court, on the other hand, occurs when someone risks unduly influencing a trial.
Dr. Murphy posted “other content that could create bias in both directions, such as protesting outside the courtroom in favor of the defendant, which could be considered biased.” He said he could be prosecuted.
“If you publish something online or do anything that might prejudice a jury, it’s a contempt of court and an unlimited fine, so there’s no cap on how much you have to pay, or Failure to do so could result in imprisonment.
“Social media organizations must act quickly, too. [to remove such posts] As with any organization’s officers, they can also be punished for contempt of court. ”
It is also against the law to post anything that could lead to “Jigsaw identification” of the victim, such as the victim’s workplace, school they attended, or family members.
Owen Beatty is a Belfast-based lawyer who has represented several survivors of historical institutional abuse in Northern Ireland.
He also warned that online speculation could lead to the collapse of the trial.
He said “recently there has been a welcome development in the provision of anonymity to both suspects and accusers” in sexual assault cases.
“Social media comments in this context need to be closely scrutinized,” he added.
The Independent Press Standards Organization (IPSO) states that “victims’ anonymity is guaranteed even if someone else accuses the defendant of a crime,” and that only the victims themselves “can be accused of a crime without the consent of the court.” You may choose to waive your right to anonymity.” As long as it is 16 inches or larger.
Beattie added: “Society must ensure that the rights of complainants and suspects are protected so that the state can fulfill its obligation to investigate, prosecute and try suspects.”
“Harmful content on social media and the naming of accusers and suspects can have far-reaching negative effects on the right to a fair trial.
“Police investigations may be tainted, criminal justice may be disrupted, and the rights of complainants and suspects may be irrevocably violated.”
The legal experts’ comments came after the PSNI said: “We are aware of ongoing commentary on social media platforms and in the mainstream media regarding the timeline for this investigation.”
“We remind the public and the press that speculation is unhelpful, inaccurate and can ultimately have a negative impact on the criminal justice process,” a police spokesperson said. continued.
“On March 29, 2024, we confirmed that a 61-year-old man was recently charged with a sex offense, and a 57-year-old woman was charged with an additional count of aiding and abetting a crime.”
Ulster Unionist leader Doug Beatty told the BBC’s Nolan Show that he believed police should do more to clamp down on such online speculation.
“Just because this is getting more attention doesn’t mean there will be fewer victims,” the Upper Bann MLA said.
“If people stop doing this now, they will do it again.
“I think the police absolutely need to make an example of people. I don’t know if it’s going to catch people or caution them, but I don’t know what they should do. I don’t mean to be prescriptive, but I certainly think we need to do more than make statements.
“They need to cut this down, and they need to cut this down pretty quickly.”
He said the focus would be on “criminal processes and victims across Northern Ireland, victims who may be suffering from media speculation, and certainly social media speculation, not just in this case but in all cases of this nature.” He emphasized the need to apply
