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Tuesday, October 16, 2012

Facebook Can Face Legal Action in Australia

The largest social network in the world is having problems with the judicial system of Australia. The troubles flared after the arrest of the individual charged with the murder and rape of Melbourne woman.


The social network was accused of stuffing up the chances of a successful prosecution and the defendant's right to a fair trial. The matter is that Facebook hosted pages inciting hatred against the accused individual. This is why Victoria’s Attorney-General had to notify Facebook that the service could face legal action in the event of failure to remove content which could jeopardize legal trials.

The notification is not only valid for Australian judicial system: it could also apply to the United Kingdom and a number of other parts of the globe having similar legal systems. Robert Clark was the one who was warning Facebook that it would face legal action in the case of failure to take down content that might influence an individual’s right to a fair trial.

During the interview on the local radio, Robert Clark explained that there were procedures between different jurisdictions for both the execution and enforcement of court orders in case the social network fails to do what it was asked to. Clark also admitted that he wanted to develop clear guidelines which are workable for them while at the same time are protecting the community without prejudicing fair trials.

In the meantime, jurors should be properly notified about ignoring prejudicial content which might be of interest to them. Under the local law, Internet users who posted prejudicial content might face legal charges. However, the experts have acknowledged that there were practical difficulties in doing so.

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