Stormont's top lawyer warns of criminal consequences over online speculation

The Attorney General has warned the public to think about the legal consequences before they post on social media, in the wake of online speculation over the charges facing Sir Jeffrey Donaldson.
By David Thompson
Published 3rd Apr 2024, 11:08 BST
Updated 3rd Apr 2024, 11:16 BST
Dame Brenda King, Attorney General for Northern Ireland, has warned of legal ramifications for those involved in online speculation about active proceedings.Dame Brenda King, Attorney General for Northern Ireland, has warned of legal ramifications for those involved in online speculation about active proceedings.
Dame Brenda King, Attorney General for Northern Ireland, has warned of legal ramifications for those involved in online speculation about active proceedings.

Dame Brenda King has warned individuals may face a fine or imprisonment for contempt of court – and there could be consequences for the integrity of the legal process.

It comes as the PSNI have reiterated their timeline of events around the charges against Sir Jeffrey Donaldson after ongoing speculation on social media.

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In a statement, Dame Brenda King’s office said: “The Attorney advises the public as well as media outlets to think about potential consequences before publishing, posting or sharing commentary, online or otherwise.

“The Attorney would remind the public and the media of the risk of any person publishing, posting or sharing material being found to be in contempt of court. Those commenting should consider the provisions of the Contempt of Court Act 1981”.

The statement continued: “The PSNI has already highlighted the separate statutory requirements to protect the anonymity of any person against whom certain sexual offences, including rape, are alleged to have been committed. The relevant legislation is the Sexual Offences (Amendment) Act 1992”.

Meanwhile, the PSNI have restated their timeline of events given “inaccurate” online speculation – and warned of a potential impact on proceedings. Some of the speculation has related to the timeline of the PSNI investigation into Sir Jeffrey Donaldson.

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A spokesperson for police told the News Letter: “We are aware of further commentary regarding the timeline of our investigation into non-recent sexual offences. This is following the recent charge of a 61 year old man and 57 year old woman.“We received a complaint in early March 2024 alleging non-recent offences and we immediately commenced an investigation into this matter. This then led to the arrest and charge of two suspects on 28th March 2024.“We are again reminding members of the public and media outlets that speculation is unhelpful, and in this case inaccurate, and may ultimately have a negative impact on a criminal justice process”.

Northern Ireland’s Attorney General is the chief legal advisor to the Executive, and advises on the most important and complex legal matters facing ministers. The office is also responsible for the appointment of the director of the Public Prosecution Service.

Guidance on social media and contempt of court can be found on the Attorney General’s website.

The advice states: “Sharing information on social media about someone who has been arrested or is awaiting trial may be contempt of court if it:

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• draws attention to a defendant’s previous convictions or comments on their character.

• gives a view on facts or evidence that will be considered during the trial.

It continues: “You can also be in contempt of court if a judge has already ordered that someone involved in a case must not be identified or named. This could be a victim, a witness or a defendant. Think about the consequences before you post: a trial may have to be stopped and you could face a fine or imprisonment for contempt of court”.

Related topics:Jeffrey DonaldsonPSNI