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Archive for January, 2025

Is the BSA rejecting too many complaints?

Friday, January 31st, 2025

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 […]

Who’s defaming you?

Wednesday, January 29th, 2025

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 is […]

Defamation damages too…

Friday, January 24th, 2025

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 […]

Human Rights Review Tribunal serious about privacy damages

Friday, January 24th, 2025

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 […]

Not so qualified?

Wednesday, January 22nd, 2025

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 […]