R v Qaumi & Ors (No 16) (Internet “take down” orders) [2016] NSWSC 319

R v Qaumi & Ors (No 16) (Internet “take down” orders) [2016] NSWSC 319

The Court concluded that removal of the most prejudicial articles from identified publishers would assist in limiting prospective jury bias resulting from internet searches, and that although not all material could be removed, making these orders was necessary to protect the accused's right to a fair trial. The orders were targeted at specific articles and publishers, and were limited in duration and territorial effect.

Jurisdiction
Australia
Judgment Date
24 March 2016
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Take down orders granted for specified articles and publishers.
Legal Topics
['non Publication Orders' 'take Down Orders' 'jury Contamination' 'pre Trial Publicity' 'internet Searches' 'suppression Orders']
['criminal Law'] ['non Publication Orders' 'take Down Orders' 'jury Contamination' 'pre Trial Publicity' 'internet Searches' 'suppression Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 ["Whether pre-trial internet 'take down' orders are necessary to prevent jury prejudice" 'Whether such orders are enforceable and not futile given the nature of internet publication' 'Whether the court has jurisdiction to make take down orders affecting online articles']

Ratio Decidendi

The Court concluded that removal of the most prejudicial articles from identified publishers would assist in limiting prospective jury bias resulting from internet searches, and that although not all material could be removed, making these orders was necessary to protect the accused's right to a fair trial. The orders were targeted at specific articles and publishers, and were limited in duration and territorial effect.

Court Disposition

Take down orders granted for specified articles and publishers.

Orders

  • ["ABC to remove an article published 27 October 2014 entitled 'Brothers 4 Life Four alleged gang members charged with Mahmoud Hamzy's shooting murder'." "ABC News to remove an article published 12 December 2014 entitled 'Brothers 4 Life Fifth alleged gang member in court, charged with Mahmoud Hamzy's murder'."...