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    Suppression orders after Fairfax v Ibrahim: Implications for internet communications

    255766.pdf (648.1Kb)
    Access Status
    Open access
    Authors
    Fitzgerald, B.
    Foong, Cheryl
    Date
    2013
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Fitzgerald, B. and Foong, C. 2013. Suppression orders after Fairfax v Ibrahim: Implications for internet communications. Australian Bar Review. 37: pp. 1-16.
    Source Title
    Australian Bar Review
    Additional URLs
    https://ssrn.com/abstract=2485978
    School
    Curtin Law School
    URI
    http://hdl.handle.net/20.500.11937/56851
    Collection
    • Curtin Research Publications
    Abstract

    This article considers the scope for utilising suppression orders to prevent the risk of prejudice to the administration of justice, in light of the wide availability of internet communications. Drawing from principles articulated in the NSW Court of Criminal Appeal case, Fairfax v Ibrahim, this article will explain the form in which such orders may take, and the significance of the ‘notice and takedown’ procedure adopted by the court. The article will further outline the considerations (of specific interest to search engines and social media platforms) that a court will take into account in deciding whether a suppression order is necessary in the circumstances.

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