Suppression Orders after Fairfax v Ibrahim: Implications for Internet Communications

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.

Keywords: online communications, suppression order, gag order, search engine liability, social media

JEL Classification: K00