General
« Previous EntriesBSA is still right
Tuesday, October 21st, 2025This is PS to the post below. I’ve now read what Judge Harvey and Liam Hehir have to say about this (and have had a chance to debate Judge Harvey on The Platform). I have to accept that the issue is not as clear-cut as I’ve suggested. But neither is it as clear-cut as they […]
The Broadcasting Standards Authority is right
Thursday, October 16th, 2025The BSA has agreed to consider a complaint against internet-based radio station The Platform. This has triggered a cascade of tizzies from Sean Plunket, Winston Peters, David Seymour, the Free Speech Union, David Farrar, and others. Plunket called the complainant an ignorant “plonker”. Peters accused the BSA of “acting like some Soviet era Stasi”. Farrar […]
Is the BSA rejecting too many complaints?
Friday, January 31st, 2025Odd 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, 2025Someone 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, 2025A 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, 2025Damages 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, 2025The 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 […]
Supreme Court weighs in on name suppression
Thursday, May 16th, 2024Name suppression decisions can be tough sometimes. No matter your views on free speech, you have to be hard-hearted not to be torn by the tug of the competing arguments. I think you can feel the Supreme Court wrestling with that in M v The King. The case for suppression The appellant’s offending happened when […]
Media Council seeking new members
Thursday, November 11th, 2021I’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? […]
Climate action
Wednesday, July 7th, 2021This 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 […]
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