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Is technology moving too fast for the law? April 30, 2012

Posted by Mark Hillary in Current Affairs, Internet, Software.
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Three people have been arrested by police recently as part of the investigation into the alleged naming of Sheffield United footballer Ched Evans’ rape victim on Twitter.

The right to victims of rape and sexual assault to remain anonymous is an area of the law that faces an enormous challenge in this era of information freedom. Many victims would not go to the police if they knew that their name would be splashed across the newspapers – whether a celebrity is involved or not – and traditional newspapers and broadcasters have always respected the law in this respect.

But now there is Twitter. It takes just one tweet from somebody with inside knowledge of a case and the victim details are published and cannot be erased. Those wanting to avoid detection can easily create a new Twitter account in a different name within minutes.

The implication is clear. Technology can be used by people with inside knowledge of a subject to broadcast it to the media and general public, with very little fear of recrimination.

This affects many areas of life where sensitive information is managed. Jurors tweeting their opinion as a trial proceeds are already disrupting court proceedings. Medical professionals are tweeting about celebrities receiving treatment – and assuming that they can go to a hospital without news of their condition being broadcast to the world.

In technological terms, the genie has already escaped. We cannot turn back the clock to an age before Twitter so it appears that the approach to this problem can only be the improved education of professionals who deal with sensitive information and greater measures – such as immediate dismissal – for medical or legal professionals who misuse social networks. It is not ideal, but then the world has changed forever.

Scales of Justice, Old Bailey, London

Photo by Andrew Middleton licensed under Creative Commons

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