After serious consideration and being mindful of my obligations to encourage freedom of speech and expression of opinion, I've determined that the post by EPGStream which detailed the current and ongoing legal argument between IceTV and two previous employees should be "soft" deleted.
This decision was reached after discussion with the moderator team and further research which appeared to identify that as the case is ongoing, it could be determined to be subject to the rules of sub judice. That in itself would be an interesting argument, particularly given the unlikely presence of a jury in this case, despite this however, I felt bound to take note of the following:
When do the sub judice rules apply?
- Sub judice rules only apply to
proceedings which are `
pending'.
"Criminal proceedings are pending from the time a warrant for arrest or a summons is issued and end after the appeal or time for lodging an appeal has ended."
"
Civil proceedings are pending from the time a writ, summons or statement of claim is issued and may be considered to end when judgment is given - regardless of appeals."
Given that no judgement has yet been handed down, I do not feel it wise to allow further debate on this matter and expose this community to potential contempt of court action. I've informed EPGstream of this decision and would ask that this matter not be raised again until after it has been settled.
Once the judgement has been handed down, given that the thread has only been "soft" deleted, if requested, I'll be more than happy to re-open it for further debate.
Mike
