New Zealand Media Law Update (2014)
AuthorsCheer Ushow all
Developments in New Zealand media law have apparently accelerated even more in the last year and a half. In defamation, the New Zealand courts remain unsure whether hyperlinking to a defamatory article can amount to publishing that article. However, it seems active administration of a webpage focused on particular issues can amount to publication of what is said about those issues, whether by the administrator or third parties. Helpfully, the Court of Appeal has made it very clear that a publisher of third party online comments cannot be liable for those comments unless there is actual knowledge of the existence of the comments and there has been reasonable time to remove them. Further decisions from the High Court indicate a willingness to develop a public interest defence, although no successful cases have arisen on the facts as yet. Furthermore, it appears it may be more difficult to establish there is a public interest defence for comments made on online single issue discussion forums.
CitationCheer U (2014). New Zealand Media Law Update. Media and Arts Law Review. 19 (4), 374-399.
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