In an exceptional case involving back-to-back criminal trials with unique identifying features linking the two trials, a total non-publication order prohibiting reporting of the first trial until the conclusion of the second trial may be 'necessary' under s 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW). Take-down orders directing removal of articles from news websites will be futile where the court is not satisfied the orders would result in materials being sufficiently removed from the internet, particularly where much of the material is old and jury directions are adequate. The test of necessity under s 8 is a strong one requiring exceptional circumstances; it is not sufficient that an order is convenient, reasonable or sensible.
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