Responsibilities of Websites and Weblogs; The Sean Luke Case, Trinidad and Tobago, and Posting Pictures of the Accused.

The issue of Sean Luke here in Trinidad and Tobago, the little boy who died in a horrible way (a Devilish Deed, indeed) has touched a lot of people in and out of Trinidad and Tobago. In his own way, the once 6 year old Sean Luke has started teaching Trinbagonians a lot about themselves, the state of the country, and now - even how information on the internet can be posted irresponsibly, and as I understand it, illegally. This post isn't about Sean Luke; I cannot even begin to express how I feel about that horrid incident. I lost a nephew 10 years ago as of this Mother's Day in a horrible fashion, I know I can't say anything of worth.

This post is about his case, the Internet, websites, and knowing what to post on the internet and what not to post on the internet. On the Computing List of Trinidad and Tobago this morning, an important topic of discussion came up - namely, this article in today's Newsday, Magistrate orders probe: Sean Luke murder accused on internet by Sascha Wilson (Tuesday, May 9 2006):

MAGISTRATE Marcia Ayers-Caesar yesterday called for an investigation into how a photo of one of the teenagers charged with murdering six-year-old Sean Luke, was posted onto the internet.

The magistrate instructed deputy Director of Public Prosecutions Roger Gaspard to look into the matter, citing the publishing of the accused youth’s photo on the World Wide Web, as a serious concern...

...Magistrate Ayers-Caesar told Gaspard that her daughter alerted her to the photograph of the younger accused on the internet.

“It has been circulating on the internet for some time and it should not be there,” the magistrate told the court...

Initially, I thought that as an accused the picture would be fair game. It apparently isn't, apparently because the accused is underage it's against the Law to post the picture - as I have heard; someone else weighed in that it could be seen as Contempt of Court. The crux of it, though, is that this is an ongoing trial - and the accused are underage, and being charged with crimes of homicide and sexual offense (I don't know what the official charges are, I have been derelict in following the case for my own personal reasons).

While I haven't written of the Sean Luke incident, I probably wouldn't have posted pictures of the accused anyway. I don't know anyone who would. And, on an initial search, I couldn't find the picture. While at first I was critical of the Newsday article for not explaining where the mysterious image is (and if, indeed, it existed), I did eventually see it with my own eyes. Apparently, it's been in email circulation, but is posted on a website which is a regularly visited site by people who I don't know that has posted pictures all over. Because I do not wish to compound the problem by linking to the picture, and perhaps even break a law myself, I will simply say that the site in question is registered to Saish Balkaran. I personally don't like the site, but that's an opinion.

But this all leads back to the inevitable, "What should be posted and what should not?" And, since the site is a 'community' site, should the site owner be held responsible if laws were broken¹?

Is it in poor taste? I think so. In my eyes, if the young man in the picture in question isn't guilty, his face will be remembered and he will be judged outside of the courts - like anyone else. I believe that the public deserves the truth, and I'm quick to defend Freedom of Speech - but the court of opinion is, unfortunately, based on the lowest common denominator. It's not a new issue. It is, however, a fairly new issue in Trinidad and Tobago. It is probably healthy, if approached properly.

This is an interesting chapter for Trinidad and Tobago as it finds it's way toward developed nation status, coming to terms with the Internet and the [t:new media]. The lessons of Sean Luke and the associated case may well be the fire that tempers legislative changes as related to the media, to the internet, Trinidad and Tobago society and ultimately, a part of Global Society. How the court negotiates meaning and justice from all of this will be interesting to watch.

That is, of course, if the traditional media follow up on it.

¹All I have at this point, honestly, is hearsay.

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