ASSOCIA SOCIATE PROFESSOR SSOR DONNA BUCKI KINGHA HAM, , Direct - PowerPoint PPT Presentation

ASSOCIA SOCIATE PROFESSOR SSOR DONNA BUCKI KINGHA HAM, , Direct ector, or, NZLII II Law via the Internet net, , Ho Hong Ko Kong, 2011

Shrek the Sheep – 1994 – 6 June 2011 RIP

Publicity is the very soul of justice. It keeps the judge himself, while trying, under trial. Jeremy Bentham (1748-1832)

Judges speak and act on behalf of the community The public give confidence in return

 Closed hearings  Suppression of identifying details  Suppression of the court judgment  Controlling access to court files

Cameron Slater – “ Whale Oil ” blogger

If victims can‘t trust the Ministry of Justice to protect their anonymity, particularly in cases where suppression orders have been granted, then how can they reasonably expect the media or any other group or individual to adhere to stipulations of suppression orders? Carmel Sepuloni Opposition MP, March 2011.

Simon Power Minister of Justice Criminal Procedure (Reform and Modernisation) Bill - raises threshold for suppression orders - making specific provision for internet providers (limited safe harbour exception) - lowering threshold of liability for breaches

The rock and the hard pla ce

 Lobby the government to publish authentic, authorised and properly compliant decisions  No publishing without supplier redacting  Lobby for a national suppression register  Minimise the risk internally

Certified to be the Research Copy released for publication. A M Clayton Member “A M Clayton” A M Clayton Member

The great strength of our society is that it is built on the competing voices of free speech. Justice to be truly open must join its voice to the chorus; and must ensure that inaccurate or misleading reporting cannot gain traction. Lo Lord rd Ne Neuberger rger Open Ju Justice ice Un Unbound Annual l Ju Judic icial ial St Studie ies s Board Lecture, re, 16 M March 2011 Contact : Donna Buckin ingh gham am – Dir irector ctor of NZLII donna.b .buckin ckingh gham am@ot @otag ago.ac. o.ac.nz nz Ju Judi i Eathorne-Gou Gould ld – Data manage ger NZLII judi.e i.eath thorne rne-gou gould ld@o @otag tago.ac.nz o.ac.nz