New Zealand: The Blogger and the Journalist, “Whale Oil” in the Courts – Steven Price

2 11 2014

newlogoThe Whale certainly created a splash in the last New Zealand election. More accurately, it was investigative journalist Nicky Hager and his book Dirty Politics that created the splash. The Whale – controversial right-wing blogger Cameron Slater and his Whale Oil blog, whose emails were leaked to Mr Hager – copped most of the spray. (I should disclose that I act for Nicky Hager). Read the rest of this entry »





Case Law, New Zealand: Murray v Wishart, Web hosts’ defamation liability restricted – Steven Price

22 09 2014

FacebookIn the significant New Zealand Court of Appeal decision in Murray v Wishart ([2014] NZCA 461) the judges unanimously ruled that a third party publisher (the owner of a Facebook page that contained comments by others) was not liable for other people’s comments simply because he “ought to have known” that they contain defamatory material (even if he didn’t actually know of the content of the comments). Read the rest of this entry »





New Zealand: Opening the door to bloggers – Steven Price

26 04 2014

gazetteNew Zealand’s Press Council has grand plans to include bloggers in its membership, and regulatory orbit … But what are its chances of getting them to sign up? And will the same standards apply? Steven Price canvasses the issues

Read the rest of this entry »





Why New Zealand’s cyber-bullying bill is a good move – Steven Price

18 02 2014

gazetteA bill before the New Zealand parliament would allow judges to issue online take-down orders against bloggers and the media. I’m for it. Let me tell you why. Read the rest of this entry »





How to avoid defamation – Steven Price

26 11 2013

gazetteBeware the defamation minefield … New Zealand barrister Steven Price has a 12-point checklist that’s especially useful for the unwary

How do you avoid being sued for defamation? That’s easy. Don’t ever say anything interesting. If you do want to say something that might reflect negatively on someone else, there is always a chance that they will sue you for defamation. Read the rest of this entry »





Defamation, declaration and qualified privilege – Steven Price

10 10 2013

gazetteReading the New Zealand Court of Appeal’s decision in Smith v Dooley ([2013] NZCA 428) you get the feeling that the High Court blundered in all the ways it’s possible to blunder in a defamation case.  Read the rest of this entry »





New Zealand Media Regulation: No one-stop media regulator – Steven Price

7 10 2013

NZ Media RegulationThe good news, for the Law Commission: the government thinks the Commission’s report on media regulation –  recommending the establishment of a one-stop media complaints body serving print, broadcast and online platforms – is “excellent”. The bad news: the government has rejected that recommendation. Read the rest of this entry »





New Zealand: Has the Harassment Act just swallowed the law of defamation? – Steven Price

21 06 2013

gazetteA New Zealand lawyer has found a way of getting abusive and possibly defamatory material about her removed from the internet indefinitely … Wellington barrister Steven Price reflects on a radical judgment that by-passes defamation law. Read the rest of this entry »





New Zealand media regulation reforms – Steven Price

18 05 2013

gazetteNew Zealand has been looking at new proposals for media regulation which address the digital revolution … Unlike Australia and the UK, the NZ Law Commission’s media reform plans have met with minimal resistance … Barrister Steven Price investigates Read the rest of this entry »





Defamation and Satire – Steven Price

30 04 2013

Colin CraigMemo to anyone thinking of suing or threatening someone else for defamation after that person made fun of them. Don’t.

It’s not that the law clearly protects humorous speech and satire. That question is a bit vexed. It’s defamatory to say something that brings another person into ridicule. So it looks like that is fairly easily satisfied. Actually, those looks are deceptive. Read the rest of this entry »