Odd fact about the Broadcasting Standards Authority: for the last few years, they’ve only been upholding about 5% of complaints.
Why? I think there’s a range of reasons. Generally responsible broadcasters. Dumb complaints. Complaints brought under the wrong standard. Greater adherence to broadcasters’ rights to freedom of expression in the Bill of Rights. (I might…
Someone defames you anonymously online. Can you find out who it is?
Maybe. There are legal avenues to seek a court order that an internet host reveal the identity of the person. One of them is called a Norwich Pharmacal order, but as Hugh Tomlinson KC points out, it only applies when the host…
A couple of recent cases suggest that the courts are awarding significant sums for defamation even where the publication is very small. This is despite the new rule that says plaintiffs, if challenged, have to show that the publication they are complaining about has caused them “more then minor harm.” When publication is limited to…
Damages for breaches of the Privacy Act used to be laughable. The very top award was $40,000 to someone whose treatment in an addiction facility was revealed to the media. Not only was it taking an age for the Human Rights Review Tribunal to resolve cases, the awards made it hardly worth the candle.
That…
The defence of common law qualified privilege applies (to cut short a lot of legal jargon) when someone tells someone something in good faith, believing they need to know it. Think: telling the police that the neighbour is running methlab or dobbing in a colleague to the boss for stealing. If you honestly believe it’s…
I’ve been asked to post the following ad. If you are pillar of the community type, and interested in both free speech and media accountability, this could be for you.
NEW ZEALAND MEDIA COUNCIL
Public Member Appointment
Do you have a passion for News and Current Affairs?
Do you have an interest in Media Standards?…
This isn’t about media law. It is much more important.
Lawyers for Climate Action NZ is seeking judicial review of the Climate Change Commission’s recommendations. It argues that the recommended cuts are not enough to contribute to keeping warming to 1.5 degrees as we’ve pledged to do in the Paris Accord. It also alleges that…
A question occurs to me that seems worth throwing into the debate.
An ambiguity
I think there’s an ambiguity in the proposed law. We don’t know the exact wording of the offence. It seems the government doesn’t have one. It’s not in the Cabinet paper or the discussion paper anyway. That makes it hard to…
Graeme Edgeler has a terrific post making the case for hate speech laws. He is at best ambivalent about hate speech laws, and says he will also be putting up a post making the case against them.
This is where the debate should be. It’s dispiriting how far away from this the debate is.
