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Not quite…

By Steven | July 12, 2009

The Herald On Sunday has a story on the Solicitor-General’s investigation of blogs and social networking sites that are commenting on the Clayton Weatherston trial in ways that may prejudice the trial. I’m quoted explaining the reason for the law of contempt, and also as saying it has nothing to do with shutting down freedom of speech. Of course, that’s wrong, and I don’t believe I ever said that. What I remember saying is something like “If you’re worried that this is about shutting down freedom of speech, then bear in mind why we have these rules”.

For the record: to the extent that contempt of court stops us commenting on court cases, it does restrict freedom of speech, and sometimes in ways I think are unjustifiable, though when the laws of contempt are properly and carefully applied, such restrictions are usually justified (in terms of policy and in terms of section 5 of the NZ Bill of Rights Act).

Topics: Contempt of Court, Media ethics | Comments Off on Not quite…