A new report has recommended improved education for jurors to stop inappropriate use of social media and the internet during criminal trials.
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The Tasmania Law Reform Institute released its report on juries and social media, which looked at the right to a fair trial in today's media age, on Wednesday.
The report recommended improvements to the training and information that prospective jurors receive at the courthouse before they are chosen as jurors and the directions that jurors are given by the judge once they are chosen to sit on a trial.
Report author Jemma Holt said there was no way of effectively segregating jurors from the wider online community because of the prevalence of internet-connected smartphones.
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Ms Holt said jurors could be influenced by seeking out information or in a passive way, by reading the news or by general online social media sentiment.
"Many jurors simply don't appreciate the consequences of such behaviour in the context of their role and obligations as a juror," Ms Holt said.
"It is for the courts to adapt to meet these new challenges."
Ms Holt said education by Tasmanian courts of jurors was key to unsure they understand why they are being asked to limit their internet use.
"And to encourage self-regulation during the period of the trial for the benefit of the accused, and the justice system more generally," she said.
"Jurors need to be told how and why they need to limit their social media use. It's a message that needs to be repeated."
One recommendation outlined in the report was the standardisation of the instructions given by a judge to jurors regarding social media and internet use, as is in place in other jurisdictions such as New South Wales and Victoria.
The report found while jurors' online activity was largely undetectable, there was a widespread perception juror misconduct of this kind was prevalent in Tasmania.
"Such a perception is just as capable of undermining public confidence in the criminal justice system," Ms Holt said.
Law Society of Tasmania president Crystal Garwood said the organisation applauded the call by the TLRI for improved juror education around the use of the internet during trials.
"Our view is that there is a real need for the courts to accept and evolve with the changing society," Ms Garwood said.
"[Juror education] cannot be underestimated because it ensures fairness to all the parties and also prevents potential mistrials, and the cost and delay that result from that."
Read the full report here under the tab Juries and Social Media.