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Web archive deletion 'book burning'

 

Removing internet archive material during live court cases is tantamount to "book burning", BBC Scotland's former principal solicitor is set to argue.

The Scottish Parliament is conducting an investigation into the role of the media in criminal trials, addressing issues such as internet news, social media and the developing use of television cameras in court.

A briefing paper to Holyrood's Justice Committee has raised concerns about the "significant implications" that "potentially prejudicial" online media archives could have on court cases.

The unregulated access and dissemination of historic electronic material "sits uneasily" with contempt of court legislation, it states.

In a submission to the committee before his appearance, BBC Scotland's former principal solicitor Alistair Bonnington says: "It should be noted that there never has been a similar suggestion that libraries for example should be prevented from stocking old newspapers and magazines and allowing the public, including jurors and witnesses, to read them.

"Any such attempt to restrict access by the public would potentially fall foul of article 10 of the European Convention on Human Rights.

"The burning of books has never been a reputable occupation. The fact that the books may now be electronic makes no difference."

In its submission to the committee, BBC Scotland argues that its archive is "a national treasure" which should not be "eviscerated" on the off-chance that of one of 15 jurors may "stumble across a conceivably prejudicial piece of information".

It says: "There are many safeguards within the Scottish criminal process, short of the evisceration of a free public library. That said, the BBC is committed to acting responsibly at all times and has, on rare occasions where individual circumstances have warranted it, taken down part of the archive."

The committee will also hear from criminal defence lawyer Aamer Anwar; Donald Findlay QC; STV's head of legal and regulatory affairs Helen Arnot and digital news editor Matt Roper; Detective Chief Superintendent John Cuddihy from the Association of Chief Police Officers in Scotland; Crown Office director of casework David Harvie; former Times Scotland editor Magnus Linklater; Alan McCloskey from Victim Support Scotland; former police officer and law campaigner Iain McKie; and editor of The Firm law website Steven Raeburn.

 
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