One of the more ludicrous impacts of the ill thought out but well meaning Harmful Digital Communications Bill is that it could be construed by politicians to attack media who publish damaging information about them.
A person commits an offence if—
(a) the person posts a digital communication with the intention that it cause harm to a victim; and
(b) posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and
(c) posting the communication causes harm to the victim.
As the ever brilliant No Right Turn points out…
For the purposes of the law, “harm” is defined as “serious emotional distress”. TechLiberty pointed out last year that this clause applied perfectly to the exposure of corrupt politicians, something which an ordinary reasonable person would think would cause them serious emotional distress. And it applies equally to exposing creepy ones as well. And no, there’s no public interest defence. The kicker? The National-dominated select committee has increased the penalty for this offence from three months to two years imprisonment.
The message is clear: if in future you expose the Prime Minister as a creep using the internet, you’ll be facing jail. So much for our democracy.
Should The Daily Blog be open to 2 years in prison for publishing a story that portrays the Prime Minister in a negative light?
Even the use of term “victim” in this bill is loaded with a priori bias.
Better neutral terms such as “the subject” (of the digital communication) or “complainant”.
In my experience “victim” is a term that is often misused in matters that involve people pushing agendas.
The powers are much too great – politicians are not ‘ordinary reasonable persons’ many are scum-sucking rorters who deserve considerably worse than they get.
That just reminds me that most politicians are not elected based on their ability to write good law. I’d suggest that most election campaigns don’t even hint at the individuals ability to write good law.
I’ve never liked this bill – ostensibly to stop teenagers from bullying their peers into suicide, it opens the door to draconian controls over freedom of speech.
This would just as big a problem for Whale Oil who’s bread and butter is publishing private slander to deliberately damage the left. And also does “digital communication” include the online versions of The NZ Herald? They published the Donghua Liu affair (which turned out to be all lies too!) digitally, no?
I may be wrong, but isn’t this particular piece of legislation part of Crusher’s legacy to the nation? Done in typical hurry to appeal to the sympathy vote, pre-election.
Martyn,
With them trying to jail our hero this would make you famous, MSM would even elevate you also as a martyr for good.
Of course it will start a riot also and raise the bar for Slater to go directly to jail for life I imagine.
If this is an offence where does this leave Cameron Slater?
He wrote the book on nasty, vicious harm that he caused to how many?
MSM would have a field day here, so let them try.
(a) the person posts a digital communication with the intention that it cause harm to a victim; and
(b) posting the communication would cause harm to an ordinary reasonable person in the position of the victim; and
(c) posting the communication causes harm to the victim.
If you cannot safely speak out against politicians, who are supposedly our elected representatives, then we have moved from a democracy to a fascist state. Politicians are not private citizens when they take public office… it is as simple as that. This law blurs the line between public and private imho.
Here, here. They take my money, I have a right to know what they are getting up to.
Good grief. Thanks for sharing this. We’re moving towards a disturbing society controlled by corrupt politicians and plutocrats http://www.thefreedictionary.com/plutocrat
Example of new anti-bullying law being used in Singapore: http://www.newyorker.com/culture/cultural-comment/the-arrest-of-a-teen-aged-youtube-star?mbid=social_facebook , I’m really worried about this new law
I’m saving for my legal fee’s starting Monday.
I agree, this is a nonsense. But how is it different to hate speech laws, under which Christians are jailed for affirming their sincerely held view that homosexuality is morally wrong?…http://www.christianheadlines.com/columnists/al-mohler/criminalizing-christianity-swedens-hate-speech-law-1277601.html
Sleazy NatZ will twist any wording to bush whack the public.
We must remember that the price of democracy & freedom is constant vigilance not being afraid to speak up.
We all have the right and the need to challenge any Government that is trying to silence the dissenting public voice.
It as our right to criticise Government officialdom or all of us are doomed to the fourth Reich.
Remember it was Germany who set up this illuminati suppression of the masses many years ago under the Masonic order in Bavaria Germany in 1773.
They have almost achieved their goal today.
https://www.youtube.com/watch?v=X0TqQhBeDP0
A few points:
Was it ever well meaning? The only way in New Zealand you would be able to shut down online dissent is through a piece of back door legislation.
Everything put online will be a potential target from the snide comment you put on a friend’s Facebook post to print media stories that are completely acceptable in that media when they are uploaded to Stuff for example. It could take the editors a while for that to click.
Just about everyone will be vulnerable to it but the new law won’t attempt to prosecute everyone however, just those whose “victims” have enough money or power.
Quite disturbing.
If TDB and Martyn go to jail, then there’d also be a good few posters here going along as well!
Go TDB, keep the alternative perspective on the news out there!
Well if it was another blogger who had done it that you don’t like say Whale Oil for instance, would you not be standing on top of the highest building shouting for it to happen. I could imagine that the left winged media would be in a frenzy and foaming at the mouth with joy at the prospect of jail.
You just have to look at the track record of the media who lean to the left to know it would happen.
Brian;
What a lot of crap, you speak.
Martyn published a record of what was given him to print, as we would do when we want to get a message across to any press outlet.
We will have so much false crap ready to fire at this fake patsy Media watchdog if they get cute.
That will keep them snowed under for 10yrs examining them all carefully.
So be rest assured the Government watchdog will get plenty more than they bargained for.
The result will damage them further and attract the media attention.
This is not what they will have wanted.
The bad press from it would resonate around the world as bad as the PM Key pony tail debarkle that is still fresh in their minds, and the press will and make this government look even much worse than it does already (If that’s possible)
But, the waitress told the truth. How can it be illegal to tell the truth in a public forum?
I get very tired of this capture nonsense,it had 6 +six I put 12 you said it was wrong . if I put +6=12 and put 6 is that wrong as well .
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