“Trial by social media worry in case of Jill’s Meagher’s death” – Social media and the law

Jill Meagher’s recent disappearance and death has touched many people. How do we know? Because social media has been a platform for the sharing of news and emotional comments from an enormous number of people. Not only family and friends shared Jill’s photo on Facebook, it seems the shock of Jill’s disappearance and fear for her life has touched many others, and they have been publicly expressing their reactions. The Facebook page set up to find Jill currently has over 83,000 likes.

There’s no denying that social media – in particular, Facebook and Twitter – have been harnessed by people who believe that dissemination of information through these media will reach the widest audience – and hopefully make a difference to the life of Jill Meagher. Sadly, although this journalism from the ground has allegedly aided the search for Jill, and led to the arrest of Adrian Ernest Bayley, the outcome has been tragic, and people have continued to use social media for their outpouring of sadness and condolences to Jill’s family and friends. Now the Facebook and Twitter updates point to the possibility of interference with the legal proceedings if people continue to use social media as a platform for anger and accusation.

“Overnight, the sentiment was very much of grief and sadness and now this morning, anger is starting creep into what is being shared and re-shared.”

With that anger comes responsibility to social media users, who become content publishers when they post. That may require a knowledge of media law.

Thomas Meagher, Jill’s husband, today urged people to consider what they posted on Twitter and Facebook.

“While I appreciate all the support, I would just like to mention that negative comments on social media may hurt legal proceedings so please be mindful of that.”

This message has been tweeted by the Victorian Police and others today. Julie Posetti is one of these people.

Julie is a prominent journalist and journalism academic, and is currently writing a PhD dissertation on The Twitterisation of Journalism, examining social media’s transformation of professional journalism. In today’s article in The Age she explains the issues associated with public commentary about the case and the accused.

“In this particular case, it would be awful to think about the potential consequences including an incapacity to prosecute somebody because of trial by social media, for example,” said Ms Posetti, who is writing a PhD on Twitter’s role in journalism.

“We all are very familiar with the term trial by media and it’s a real problem, but we also now need to be aware of the potential implications of trial by social media.

“Practically, [and speaking] generically, as soon as a person is arrested, we need to stop talking about what we think we know about that individual because there is a risk that his or her defence lawyers could argue that there’s no possibility for a fair trial in this country for the person who’s accused, because so much information has been published.

I’m ignorant about social media laws – do we have clear and current laws in Australia relating to social media? A quick Google search led to audio and transcript of an ABC Radio National “Law Report” episode with guests Mark Pearson, Professor of Journalism at Bond University, and Julie Posetti.

Photo by Jeffery Turner on Flickr

The transcript of this episode can be read here. We should read this to our students as we discuss the whole new area of legal implications associated with the issue of personal and public blending through social media. We need to inform ourselves about these issues, and schools should be focusing more urgently on these matters as social media becomes the way the world works, not just kids on Facebook – although that needs to be dealt with too – but the way news is shared, the way businesses are run, the way projects are created and managed, the way people collaborate globally with today’s technical possibilities. Why would we put aside important curriculum to discuss social media in our classrooms? Well, as Mark Pearson says in the ABC interview,

And only last year we had a British gentleman who posted a witty tweet, or what he thought was a witty tweet, about blowing up an airport, and he was just expressing it as satire, he said, because he was frustrated that snow had stopped flights from this particular airport, but unfortunately national security and police agencies don’t always have a sense of humour, and they certainly didn’t in that case, and his house was raided, he was arrested, he was charged with national security offence and he finished up being released, of course, but he suffered a whole lot through the process and spent some time in the big house, at least temporarily, as a result of it. Something none of us need in our lives.

The implications of social media are vast and serious, but the access to the new form of ‘journalism’ is there for anyone with a phone or internet access. If teachers are uncomfortable in this new and always changing arena, then all the more reason to learn together. It’s not a fad, it’s not going to go away.

Mark Pearson explains social media law:

The basic laws are pretty much the same as they applied to journalists and media organisations in the past. So, your fundamental law of defamation, contempt, confidentiality, all of these areas, you know, the core law is still the same, it’s just that some circumstances have changed with new media and social media.

It’s so easy to post that short, quick post without thinking, and without education our young people are more likely to get into trouble. When are schools going to integrate digital citizenship into the curriculum, along with other literacies? How are we going to prepare for this as teachers?

[youtube http://www.youtube.com/watch?v=D_CBSR4ttqc&w=420&h=315]

Should teachers make their students suffer? Let’s not show them how to do it.

[youtube http://www.youtube.com/watch?v=CHoXRvGTtAQ&w=420&h=315]

Scott McLeod shares this video from Michael Pershan in his post ‘A Japanese approach to Khan Academy’.  Michael raises the question: why do US students lag behind their peers in many other countries?’ It seems that the US and Australian teaching styles – showing students how to do something and then getting them to practice over and over – is not the best way to teach. The video shows a Japanese teacher giving students maths problems and leaving them to work out how to solve them. Listen to the video, it’s very interesting. So all is not well with Khan Academy for this very reason, and it’s interesting to project the possibility of Japanese educators’ version of Khan Academy. Problem solving, not practising ad nauseam according to a prescribed model, is the suggested alternative. It would obviously work with numeracy but also with literacy. If our students are disengaged in our classes, this might be one of the reasons. Don’t you think? And while we’re at it, why not give our students real world problems? How involved can they be in something that doesn’t matter to anybody.

Diane Curtis’ post about project-based learning quotes Seymour Papert on the reason why students are turned off by school:

“We teach numbers, then algebra, then calculus, then physics. Wrong!” exclaims the Massachusetts Institute of Technology mathematician, a pioneer in artificial intelligence. “Start with engineering, and from that abstract out physics, and from that abstract out ideas of calculus, and eventually separate off pure mathematics. So much better to have the first-grade kid or kindergarten kid doing engineering and leave it to the older ones to do pure mathematics than to do it the other way around.”

I know what I would prefer – being challenged with real-world problems rather than work from textbooks which are predictable and uninspiring. Recently our year 9s and 10s received iPads – as I’ve mentioned before – and sadly the focus has been on the technology rather than how teachers and students can use these mobile devices to teach and learn differently. So far it’s been more about learning how to use the iPads to do what we already do, and throwing in a couple of apps. Hmmm…. No wonder the general consensus from staff is not overly positive. My favourite aspect of one-to-one devices is the possibility of connecting with others. If iPads are mobile devices then we should be using them to reorganise the classroom or even take it outside. Why don’t we connect with others outside the classroom, perhaps globally? Sharing ideas, opinions, photos and created multimedia is surely more engaging than practising skills in a theoretical situation.

What do you think?

What’s been happening – term 3 has been a busy one

I’m not the only one remarking on the lapses between blog posts. The blog is no longer the main platform for sharing and communicating – there is a long, long list of online places which need to be fed and looked after – for me that includes other blogs, Twitter, Pinterest, Scoop.it, Diigo, Slideshare, Vimeo, Libguides, Facebook and all its groups, and more. So I thought I’d drop in and do a quick update on what may be worth checking out in case it’s helpful or even interesting.

My school library blog has been keeping up with reading ambassadors for the National Year of Reading (#nyor12). These short and informal interviews are a pleasure to read, and reveal thoughtful responses to reading preferences. We’ve also recently celebrated 2012 Book Week with a hugely enjoyable ‘party’ in the library. I’ve included photos I think you’ll enjoy of our costume and cake competitions so that’s definitely worth checking out. This is the first Book Week celebration I’ve attended at Melbourne High School since I started a year ago, and it was fantastic. I was so impressed by the willingness of staff and students to dress up and play the part. The creativity displayed in our book-themed cake competition added a gastronomical dimension – who can resist cake? Yes, we did go on a bit about the cakes looking too good to eat but it didn’t last long.

I’ve been having such a good time resourcing the art curriculum in the last few months. My art blog churns out a diverse selection of inspiration to art students and teachers (I hope). This includes images, photography, design and animation.

Our students explored links to websites with antiquated encyclopedia images to create their ‘transformations’ which I combined in a slide show. The reduced image size doesn’t do justice to the details in the students’ work, so have a look at larger ones in Mihaela’s new art blog.

Yes! Our head of art now has a blog, and so do her students. This term our year 9s and 10s were lucky enough to get iPads, so we decided to get them to create Posterous blogs which we linked to Mihaela’s ‘mother blog’ and encouraged them to start snapping away with their iPad cameras so that they could develop a store of visual inspiration for their work. The beauty of a mobile device is the opportunity to capture photos as you go about your everyday activities. I’ve found the best images are the unexpected ones. I was inspired to get the art students blogging when I saw my dear friend, Marie Salinger’s, student blogs. Marie’s students have realised the rich potential of blogs in terms of journalling, reflecting, evaluating and just plain sharing. A blog is visual, it’s sequential, easy to access online and share with others; it invites responses and conversation. In her Visual Arts blog, Marie has reflected about the way in which iPads have enriched learning for her girls. The way Marie’s students used their blog to experiment with and evaluate iPad apps for drawing, then share with others, inspired me to talk to Mihaela about doing the same. Consequently I went into obsessive mode and lived and breathed art and apps for a couple of weeks, adding an Art Apps page in our LibGuides, my art blog, Pinterest, Flickr and Diigo.

Robot I am Apps used: Blender Pixeltwist                 (iphoneart.com)

Recently a dedicated team of students from the co-curricular group, Writing Competition, successfully wrote a book in a day. They had to collaboratively write at least 8,000 words and illustrate their story. The whole thing had to be done within 12 hours. I was very proud of the way they managed to work together and fuse their ideas and talents to produce a fantasy story for the Children’s Hospital. I hope to be able to share their book once I check the copyright.

Well, that’s it for now. Hope some of this has been useful to you.