Why is New Zealand so scared of bloggers?
OPINION: Bloggers are nervously waiting for the publication of the Law Commission’s report on “new media” next Monday.
Former Commerce Minister Simon Power raised their blood pressure when he ordered the review in October last year, commenting that there was a “wild west out there in cyberspace”.
InternetNZ chief executive Vikram Kumar said at the time that if that was what Power really believed, “we’ve got reasons to be very, very worried”.
Power was concerned about breaches of suppression orders, libel on the Internet, and whether bloggers and online publications should be subject to oversight by the Press Council or Broadcasting Standards Authority.
Now this is just one huge overreaction to the fact that Whale Oil published on his blog a set of clues which led to the identification of several “celebrities” and big-wigs who had name suppression after being accused of child abuse or paedophilia. He was prosecuted and in the end found guilty and has a conviction. Compare and contrast the “well known comedian” who tried to have sex with his 4 year old daughter who despite having leaded guilty was deemed funny enough by the judge to have escaped a conviction – and his name is protected.
Of course – the name is all over the Internet if you want to find it.
Not on a blog though.
And just this week, the Dom Post has printed an article about a ex-All Black accused of assaulting a child. He has name suppression because hes famous. The article right next to it is about a mother who slapped a girl that had beaten up her daughter. She asked for name suppression to protect the identity of her daughter as the case was already in the news. She was denied.
The Dom post printed enough details for anyone with access to google to identify the All Black.
Not on a blog though.
So I have to wonder why the continuing belief that somehow bloggers in New Zealand are responsible for so much evil? It’s getting to the point where we will be the only people in the country who do not have the right to voice an opinion solely because we use a specific type of website to do it on.
I believe I may have mentioned that the IAA rules on blogs was the thin edge of the wedge.
I do hope that the report basically boils down to “Don’t be so *bleeping* stupid and get a grip”. But somehow I doubt that.
The two sides of New Zealand “Justice”.
Over the past few days there have been two stories in the media regarding sexual abuse / offenses which highlight with a startling clarity how justice is handled in New Zealand. Here there is one rule for the “celebrities” and quite another ule for the rest of us. It is disgusting – I really cannot think of a better term for the way the country continues to operate differently for different people. In fact I hadn’t blogged about one of these cases because – like other bloggers it seems – I just did not know what to say.
So todays story – a bloke goes into a library, gets down on his knees and plants his face in a woman’s bottom while she is browsing books in the parenting section.
Judge Erber described the indecent assault as “disgusting, bizarre, and humiliating for the victim”.
The man was sentenced to 2 years and 3 months jail. It should be noted that he has a history of indecent behaviour.
The second case involves a “well known New Zealand Comedian” who has permanent name suppression. Which means that most people know who it is of course (for the record – I don’t).
The police statement of facts said the man came home from a work Christmas function in December 2009 and went to bed with his partner.
He had been drinking for 12 hours and his level of intoxication was “high”.
The judge said he made sexual advances toward his partner that were refused.
In the early hours of the morning the couple’s daughter got into bed with them.
The woman awoke to find the man had taken off the girl’s pyjama pants and her pull-up nappy and was kissing her.
The judge said he told his partner: “I thought it was you.”
REALLY????? The Nappy didn’t give it away????
But what is actually more revolting that what this guy did – and i do not say this lightly in any way – is that the judge (Philippa Cunningham.), has discharged him without conviction on the basis:
“He’s a talented New Zealander. He makes people laugh and laughter’s a good medicine that we all need a lot of.”
The judge said voluntary community work would be a condition of his discharge but it could be carried out using the comedian’s “talents” in rest homes or schools.
“There’s plenty of material around with the World Cup,” she said.
There are days when I really an ashamed to have chosen to live in this country – and again – I do not say that lightly. So many of us see emigrating as being something we do to live in a better place – but things like this make me realise that New Zealand is often as troubled and depressing as anywhere else – if not more so. But this constant 2 tier system where celebrities get away with anything they like – well – it shames New Zealand – and it sure as hell should shame Phillipa Cunningham!
Theres a blog at The Hand Mirror about the second case - which I found Via Kiwiblog. It’s not an easy read – but I think it’s worth it – it’s worth seeing that how ever much you may loathe the “cult of celebrity” that seems to have taken over the world – you aint seen nothing till you see it here.
JanLogie has written a wonderfully eloquent letter to Judge Phillipa Cunningham. I wish I had the strength of character to express my disgust in such a calm measured way. Because at the end of the day – a letter like that may have an effect on the future behaviour of the judge and hopefully she may indeed look at the measure she just sent to the whole of New Zealand.
A blog in support of Whale Oil.
On the 5th January, Cameron Slater, the author of the Whale Oil blog will be in court on charges of breaking the Name Suppression orders in the “Entertainer” case and the “Olympian” Case. WhaleOil blogged pictures that “could” lead to the identification of the people charged in these cases. And that’s not allowed. Unsurprisingly – he received the summons just before Christmas, when lawyers are on holiday, and wont be back till after his court date. Sometimes this is a horrifyingly corrupt country!
(Note: the Whale Oil blog contains a lot of bad language – so please don’t go on there if you are likely to be offended.)
If found guilty, he faces a $1000 fine. Which is more than the “entertainer” got for sexually assaulting a 19 year old girl as he was acquitted. Not that he denies doing it – just that it wasn’t a crime.
The entertainer had admitted performing an indecent act on a teenage girl who has since spoken out against the court’s decision as she wanted the public to know his name.
Says it all really.
Oddly – its also 100 times less of a fine for breaching a court order, than I would get for giving someone advice on how to emigrate to new Zealand. Which also says much about the crap state of the law in New Zealand. Farcical is a good word I think.
I think there would be less problems with people having nothing but contempt for these laws is they a/ made sense, and b/ were applied fairly. But when name suppression is granted at the drop of a hat for “celebrities” – it becomes a joke.
And why is Cameron Slater being singled out for a kicking???
Ok, he’s a political blogger and has frankly pissed off a lot of people. But lets just take a look at this entertainer thing for a moment. I found out the name of the guy (didn’t know who the hell he was mind you) on Yahoo Answers – it came up in a Google search. Is that person also being summoned to court? And what about John Key – the Prime Minister – he was on TV a few weeks back talking about this and it seems he asked someone who he thought would know – and found out that way. Now if our Prime Minister thinks so little of this name suppression law that he feels he can just ask someone who it is – then it’s a joke. I mean – name suppression doesn’t just mean you can’t tell anyone who the accused is – surely the whole point of it means you do not have the right to know who it is. And yet – the Prime minister himself went on National TV and told us all he went and found out. But a Blogger gets hauled to court because he apparently published the informtion (even if he actually didn’t), and the law actually only makes it illegal to publish the name.
I have no answers – but I hope Cam Slater makes a fine job of his day in court. If we need a name suppression law (and its supposed to be there to protect the victim not a debauched entertainer who cant keep he’s bits in his pants) – then it has to be applied fairly. Which means everyone gets the same crack at name suppression – and there’s an end to this “Permanent name suppression” for people who are “celebrities”. They are criminals. Start treating them like it.
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