« Rooney tunes | Main | An unprivileged position? »
A whale of a decision
By Steven | September 15, 2010
70 pages! It took Judge David Harvey that long to establish that Whale Oil (a) had a case to answer for breaching a range of name suppression orders and (b) was guilty.
It’s probably the most comprehensive judicial ruling on of name suppression issues New Zealand has seen; and it may be the first concerning breaches online. But I have to say, I’m not sure Mr Oil’s legal arguments – which varied between the optimistic and the wildly implausible – required such a thorough treatment. On most charges, the case was open and shut.
Here are some of Mr Oil’s Hail Marys:
The suppression law only applies to a “report or account of the proceedings”, which means stories by people who were actually in court and were about what happened in court that day
It only applies to factual news stories, not comments
It only applies to the mainstream media
It can only be breached by mentioning the exact name in the court documents (eg “John Aloysius Smith”)
It doesn’t apply to information on websites hosted overseas
It can only be breached by a publication in one of the official languages of New Zealand (English, Maori and sign language)
It couldn’t apply to his carefully designed picture-clues to the suppressed identities because they were merely “interesting pictures”
The judge pointedly notes that Mr Oil’s lawyer was unfamilar with the leading case on internet publication, and was only selectively interested in the NZ Bill of Rights Act.
Can it really be surprising that a law forbidding “publication” forbids publication to an online audience? That publication occurs in New Zealand even if a NZer’s website is hosted overseas? That a significant part of the offence was committed in New Zealand? That it would be absurd to interpret the suppression laws to exempt commentary, which would include editorials and op-ed pieces?
Still, the judgment offers a wealth of useful and sensible guidance. Privately telling some friends about a suppressed name will not be a breach. Linking to a website that contains the suppressed information may well be a breach in itself. A blogger may well be liable for statements in the comments thread. Blogs have an ongoing quality so that material in successive posts is likely to be read together. Passing information to someone overseas so they can whack it on their website may constitute the offence of “evading” a suppression order. Even password-protected sites are still publishing to those who have access. “Publication” means communicating to an audience. A “report or account” includes any narrative or information relating to criminal proceedings.
The point where I thought it might get close was whether the pictograms and binary code were obvious enough that readers could understand them. But the judge readily concludes that clues to interpretation will be enough. In the end, I’m not sure he had any other choice.
Not surprisingly, Mr Oil is disappointed. He says the decision is extraordinarily far-reaching:
…his judgement now tells everyone that if you hold a piece of a puzzle as to the identity about someone subject to suppression order, then you are vicariously liable for publication because you hold a piece of the puzzle.
I don’t know where he gets this from. I can’t see any liability for merely “holding” a piece of the puzzle, much less vicarious liability, whatever he means by that in this context.
Apparently, Mr Oil is considering an appeal. I wouldn’t recommend it.
Meanwhile, I do recommend the much more interesting discussion about the case going on at Pundit.
Topics: Name suppression, NZ Bill of Rights Act | 65 Comments »
65 Responses to “A whale of a decision”
Comments
You must be logged in to post a comment.
September 16th, 2010 at 9:55 am
I havent braved the judgement yet, but this caught my eye: “A blogger may well be liable for statements in the comments thread.”
How does this compare to defamation cases. Would a blogger be liable for defamation if a commenter said rather offensive things in the comments thread?
I am guessing if the blogger was aware of the comment and did nothing to remove it that would/should be a breach (of either suppression of defamation laws). But are we heading to the place where every comment must be moderated on a blog before appearing?
September 16th, 2010 at 9:59 am
Certainly the blogger (and, actually, the ISP) would be liable for defamation once notified if s/he didn’t remove it. If there aren’t many comments (that’s most blogs), the blogger’s probably liable for the lot, even without notice. Same if the blogger acts conspicuously as moderater, thereby assuming a degree of responsibility. But it’s quite possible the blogger is liable as publisher no matter what.
September 16th, 2010 at 12:08 pm
“How does this compare to defamation cases. Would a blogger be liable for defamation if a commenter said rather offensive things in the comments thread?”
I know! Let’s find out!!
Dean Knight should not win Academic Idol, as he is hiding from the world his conviction for failing to register a dog back in 1997.
Let the writs flow …
September 16th, 2010 at 9:41 pm
@AG: I am seeking advice from counsel about your scurrilous accusation!!!
September 17th, 2010 at 1:24 pm
[…] First there’s Steven Price on the David Harvey Judgement: “70 pages! It took Judge David Harvey that long to establish that Whale Oil (a) had a case to answer for breaching a range of name suppression orders and (b) was guilty. . . . But I have to say, I’m not sure Mr Oil’s legal arguments – which varied between the optimistic and the wildly implausible – required such a thorough treatment. On most charges, the case was open and shut and then Otago lecturer Andrew Geddis quoting Plato, Socrates and other opinionated pre-blogging life forms. […]
October 25th, 2017 at 2:55 am
… [Trackback]
[…] Find More on|Find More|Find More Infos here|There you will find 84840 more Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
November 6th, 2017 at 7:14 pm
… [Trackback]
[…] Find More here|Find More|Find More Infos here|There you will find 92216 more Infos|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
November 21st, 2017 at 4:35 am
… [Trackback]
[…] Read More here|Read More|Read More Infos here|Here you can find 46499 additional Infos|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
November 21st, 2017 at 1:58 pm
… [Trackback]
[…] Find More on|Find More|Find More Informations here|Here you will find 20439 additional Informations|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
December 8th, 2017 at 12:15 pm
… [Trackback]
[…] Read More here|Read More|Find More Infos here|There you can find 8310 additional Infos|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
December 15th, 2017 at 2:23 am
… [Trackback]
[…] Read More here|Read More|Find More Infos here|There you can find 18988 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
December 23rd, 2017 at 8:00 am
… [Trackback]
[…] Find More on|Find More|Read More Informations here|Here you can find 89894 more Informations|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
December 26th, 2017 at 1:02 pm
… [Trackback]
[…] Find More here|Find More|Find More Informations here|There you will find 98287 additional Informations|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
December 26th, 2017 at 9:52 pm
… [Trackback]
[…] Find More here|Find More|Read More Infos here|Here you can find 26096 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
December 27th, 2017 at 7:24 am
… [Trackback]
[…] Find More here|Find More|Find More Informations here|Here you can find 79341 additional Informations|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
January 5th, 2018 at 11:56 am
… [Trackback]
[…] Read More here|Read More|Find More Informations here|There you can find 11100 more Informations|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
January 9th, 2018 at 10:29 am
… [Trackback]
[…] Find More here|Find More|Find More Infos here|There you will find 79392 additional Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
January 12th, 2018 at 5:13 am
… [Trackback]
[…] Find More on|Find More|Find More Infos here|Here you can find 21717 additional Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
January 23rd, 2018 at 7:54 pm
… [Trackback]
[…] Read More here|Read More|Read More Infos here|There you will find 15291 more Infos|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
February 4th, 2018 at 5:19 am
… [Trackback]
[…] Find More here|Find More|Read More Infos here|There you will find 30647 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
February 5th, 2018 at 7:59 pm
… [Trackback]
[…] Find More here|Find More|Find More Informations here|There you can find 35566 more Informations|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
February 10th, 2018 at 9:04 pm
… [Trackback]
[…] Read More on|Read More|Find More Infos here|There you will find 74995 more Infos|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
February 13th, 2018 at 9:22 am
… [Trackback]
[…] Read More on|Read More|Read More Informations here|There you can find 74372 additional Informations|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
February 21st, 2018 at 12:38 pm
… [Trackback]
[…] Find More here|Find More|Find More Infos here|Here you can find 18469 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
May 1st, 2018 at 4:36 am
… [Trackback]
[…] Find More here|Find More|Read More Infos here|There you will find 19537 additional Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
May 18th, 2018 at 10:10 am
… [Trackback]
[…] Read More on|Read More|Find More Infos here|There you will find 58375 additional Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
May 20th, 2018 at 6:07 pm
… [Trackback]
[…] Find More on|Find More|Read More Infos here|Here you will find 44065 additional Infos|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
June 6th, 2018 at 1:24 am
… [Trackback]
[…] Read More on|Read More|Read More Informations here|There you can find 86215 additional Informations|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
June 9th, 2018 at 2:43 am
… [Trackback]
[…] Read More here|Read More|Read More Informations here|Here you can find 8856 additional Informations|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
June 10th, 2018 at 3:00 pm
… [Trackback]
[…] Find More here|Find More|Read More Infos here|There you can find 15478 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
June 12th, 2018 at 12:06 am
… [Trackback]
[…] Find More here|Find More|Read More Infos here|There you can find 474 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
June 12th, 2018 at 7:54 am
… [Trackback]
[…] Find More here|Find More|Find More Infos here|There you can find 86459 additional Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
June 26th, 2018 at 11:06 pm
… [Trackback]
[…] Find More on|Find More|Read More Informations here|Here you will find 82710 additional Informations|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
July 1st, 2018 at 8:14 am
… [Trackback]
[…] Find More on|Find More|Read More Infos here|There you will find 36597 more Infos|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
July 5th, 2018 at 3:02 am
… [Trackback]
[…] Find More on|Find More|Read More Infos here|There you will find 4819 additional Infos|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
July 9th, 2018 at 8:19 pm
… [Trackback]
[…] Read More here|Read More|Find More Informations here|Here you can find 61094 additional Informations|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
July 10th, 2018 at 2:55 am
… [Trackback]
[…] Read More on|Read More|Read More Infos here|There you will find 93843 additional Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
July 14th, 2018 at 11:13 pm
… [Trackback]
[…] Find More here|Find More|Find More Informations here|Here you can find 47966 additional Informations|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
July 20th, 2018 at 1:02 am
… [Trackback]
[…] Find More on|Find More|Read More Informations here|There you will find 10622 more Informations|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
July 28th, 2018 at 1:20 am
… [Trackback]
[…] Read More on|Read More|Find More Informations here|Here you will find 66187 more Informations|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
August 4th, 2018 at 5:52 am
… [Trackback]
[…] Find More on|Find More|Read More Infos here|There you can find 66390 more Infos|Informations on that Topic: medialawjournal.co.nz/?p=390 […]
August 16th, 2018 at 1:11 am
… [Trackback]
[…] Find More on|Find More|Find More Informations here|Here you will find 44488 additional Informations|Informations to that Topic: medialawjournal.co.nz/?p=390 […]
August 19th, 2018 at 11:17 am
… [Trackback]
[…] Find More on|Find More|Read More Infos here|Here you can find 58041 more Infos|Infos on that Topic: medialawjournal.co.nz/?p=390 […]
September 25th, 2018 at 5:23 pm
fotbollströjor
Wow, beautiful website. Thnx …
October 10th, 2018 at 7:27 am
fotbollströjor
Thanks! This is definitely an incredible site! sites:ggglese.com
October 31st, 2018 at 1:37 am
maglie calcio
vm621ni j1trz5iue fotballdrakter cb0h4a 4kyc6bq\n 0npmly zfxks8ulq fußballtrikots Günstige bmoa27pn gj3viahs\n by0a3x7r zruvqadp fotballdrakter barn l1bdk9 px1u7aiy\n uorfg9 owft9ng1i billige fotballdrakter u94r6s5x ah9m1vzwky\n g01wuaf4…
November 13th, 2018 at 6:53 am
A whale of a decision | Media Law Journal
https://sites.google.com/site/capratecalculator
December 3rd, 2018 at 4:55 pm
Fodboldtrøjer
nq0erm 4lafd3 Günstige fußballtrikots 463lceg vfe8us\n mslpwuqn y0urt1gk3b Billige Fodboldtrøjer Børn e726kbxq5 b9r0s4j2i\n xv6ru0n3f at2onrx1w fotbollströjor ipth7fezs9 jg92f34q\n
December 4th, 2018 at 3:58 pm
billige fotballdrakter
\n \n Fodboldtrøjer Børn \n \n \n \n \n maglie calcio a poco prezzo \n \n \n \n \n Billige Fodboldtrøjer \n \n \n
December 6th, 2018 at 6:48 am
Billige Fodboldtrøjer
\n \n fotballdrakter barn \n \n \n \n \n fotballdrakter \n \n \n \n \n Billige Fodboldtrøjer Børn \n \n \n
December 15th, 2018 at 9:21 pm
… [Trackback]
[…] Read More on|Read More|Read More Informations here|Here you will find 34897 more Informations|Infos to that Topic: medialawjournal.co.nz/?p=390 […]
January 3rd, 2019 at 8:16 am
real madrid tröja
\n \n fodboldtrøjer \n \n \n \n \n maglie calcio bambino \n \n \n \n \n maglie calcio bambino \n \n \n
January 4th, 2019 at 5:26 am
inter maglia nuova
\n \n maglie calcio poco prezzo \n \n \n \n \n fotballdrakter barn \n \n \n \n \n fußballtrikots Günstige \n \n \n
January 5th, 2019 at 12:38 am
psg trøje
\n \n fotballdrakter \n \n \n \n \n fotballdrakter barn \n \n \n \n \n fodboldtrøjer børn \n \n \n
January 7th, 2019 at 2:01 pm
A whale of a decision | Media Law Journal
http://173.45.81.199/weekend.bitcoin.free.apk
January 11th, 2019 at 1:42 pm
billige fotballdrakter
\n \n maglie calcio a poco prezzo \n \n \n \n \n fodboldtrøjer børn \n \n \n \n \n fotbollströjor \n \n \n
January 12th, 2019 at 8:02 pm
fotballdrakter barn
\n \n billiga fotbollströjor \n \n \n \n \n fußballtrikots kaufen \n \n \n \n \n maglie calcio poco prezzo \n \n \n
February 4th, 2019 at 7:29 pm
maglie calcio a poco prezzo
\n \n fußballtrikots kaufen \n \n \n \n \n fussball trikot \n \n \n \n \n billige fotballdrakter \n \n \n
February 6th, 2019 at 9:17 pm
billige fotballdrakter
\n \n maglie calcio a poco prezzo \n \n \n \n \n maglie calcio a poco prezzo \n \n \n \n \n fotbollströjor \n \n \n
February 27th, 2019 at 5:01 pm
billiga fotbollströjor
c9472s5j rez3m6wo maglie calcio a poco prezzo 0o1ybikn 3bcy50s\n 4al3qi5 u5ib9vx8d fotbollströjor barn 5clkev7 tkoubea\n 70x29ot5z slt3johm5q billiga fotbollströjor stcna1j8i qf39oc2\n
August 7th, 2019 at 6:06 pm
[…] Read 39921 More here on that Topic: medialawjournal.co.nz/?p=390 […]
December 31st, 2019 at 6:22 am
A whale of a decision | Media Law Journal
http://nileriver.co.vu
January 9th, 2020 at 4:49 am
A whale of a decision | Media Law Journal
http://cupooftea.co.vu
April 7th, 2023 at 10:31 am
social signals service
uwtgbspui bfqdh cowmhle bvit eiolfvlvbncwakl
April 7th, 2023 at 9:01 pm
… [Trackback]
[…] Read More Info here to that Topic: medialawjournal.co.nz/?p=390 […]