Interesting People mailing list archives

court. who teaches internet law, suppresses online reporting of accused, traditional media can report


From: David Farber <dave () farber net>
Date: Tue, 26 Aug 2008 18:52:41 -0400



Begin forwarded message:

From: "Chris Esther" <cesther () syntho org>
Date: August 26, 2008 6:36:14 PM EDT
To: dave () farber net
Subject: court suppresses online reporting of accused, traditional media can report

For IP if appropriate:


From the formal decision:

The intent of the limited order was to ensure that at a later stage,
any concerns about a fair trail would not be prejudiced as a result as
the availability of information stored on the internet. Potential
jurors could, if such material were available, have reference to it
which could well have an adverse affect upon a fair trial.
Contemporaneous or, what could be called, "traditional" publication is
not prohibited. However, digital technologies introduce the concept of
the "information that does not die" in contra distinction to
traditional news media, in respect of which information may be
available only as long as the newspaper lasts or the television or
radio broadcasts are recalled.

Note this decision is from a Judge who teaches IT/Internet Law at
University of Auckland.
He cites copyright law in arguing his position.


Full decision: http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10529141&pnum=0


Background stories:

Judge restricts online reporting of case
http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10528866

Suppressed names appear in online forum
http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10529128&pnum=0




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