Under the current law, anyone who publishes information online that poses a substantial risk of seriously prejudicing a trial can be fined or imprisoned if
the content is not removed once criminal proceedings become active. A court can also order a publication in contempt to be removed or made inaccessible on the internet. The onus is on the publisher to
know that proceedings are active and to remove any at-risk content for the duration of proceedings. However, in the recommendations laid out by the report, publishers would be exempt from liability
when information is published for the first time before proceedings become active.
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