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Mark Hanna’s recent article in the NZLJ “Defamation across the ditch” [2026] NZLJ 252, raised my eyebrows.
He looks at the new public interest defence to defamation established in Durie v Gardiner, and finds that “defendants cannot rely on it with confidence.”
Now, I like Mark, and I rate him. He’s a senior lecturer at Canterbury’s law school, and...
I’m a fan of the Harmful Digital Communications Act. We need a quick and accessible remedy when a video of a child being bullied is posted on social media, for example, and the rest of our media law doesn’t provide that.
But the HDCA is phrased quite broadly. It’s capable of covering a lot of speech. It has built-in safeguards, but they’re in the hands of the Distr...
I have sometimes criticised ASA decisions, mostly around political ads, which I think are usually the most important. But remember, these are a tiny fraction of the ASA’s workload.
In general, as far as I can tell, they do a pretty good job. Over the years, they have been at pains to provide extensive guidance to their approach. They also regularly revise their code...