Public Address | Cafe | Speaker: Censorship is not the only enemy of free speech https://publicaddress.net/system/cafe/ en-us Copyright (c) 2026 Public Address Alan Wilkinson https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250992#post250992 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250992#post250992 brackets around comments, particularly those made by airline passengers fed up with extreme security delays. Often the reaction defies all common sense and is merely the exercise of power for the sake of it. ]]> Tue, 06 Mar 2012 13:16:44 +1300 3410 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250950#post250950 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250950#post250950 But with zero enforcement (in particular jurisdictions), does a law mean anything (in particular jurisdictions)?

Greg, I don't want to leave you hanging, so just a note to say that I'm unable to answer that. :)

]]> Tue, 06 Mar 2012 11:12:29 +1300 Greg Dawson https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250938#post250938 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250938#post250938 Such people should probably be advised of the following...

[Crimes Act]

But with zero enforcement (in particular jurisdictions), does a law mean anything (in particular jurisdictions)?

There's also the problem of separating the people who "really actually mean it" since the common defence is "it's just free speech, harden up…

]]> Tue, 06 Mar 2012 10:08:07 +1300 Steve Barnes https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250912#post250912 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250912#post250912 Talking of Twitter, what's up with it now?
won't recognise my account, wont send me password reminder, wont recognise my phone number, won;t let me read without signing in. So, 'kin' useless.

]]> Mon, 05 Mar 2012 17:02:02 +1300 Russell Brown https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250911#post250911 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250911#post250911 While it’s obviously bad for the guy that he’s being libelled overseas, the only real way NZ could stop this is to extend the DIA website filter to block such sites. I don’t think we really want to go there.

Google does do takedowns on government request, although they’re creditably…

]]> Mon, 05 Mar 2012 16:59:33 +1300 Rich of Observationz https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250909#post250909 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250909#post250909 A man's fight to have a defamatory post removed from an international website

It's a bit hard to understand the article (which seemed to be informed by a lack of understanding of both the legal issues or how the internet works).

But my non-legal guess is that the case will…

]]> Mon, 05 Mar 2012 16:44:45 +1300 Alan Wilkinson https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250895#post250895 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250895#post250895 "Something like the Disputes Tribunal? "

No, more like the Privacy Commissioner, Ombudsman or Serious Fraud Office. The purpose is to pursue and prosecute the case on behalf of young people through existing channels rather than create a separate judicial entity.

"Also: in the case of defamation, there's no criminal…

]]> Mon, 05 Mar 2012 14:57:37 +1300 Russell Brown https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250890#post250890 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250890#post250890 Ooh. And look what's in the High Court today:

A man's fight to have a defamatory post removed from an international website has been heard in the High Court in Auckland this morning.

The man's case is a first according to his lawyer, Matthew McClelland, who said "the liability of…

]]> Mon, 05 Mar 2012 13:59:26 +1300 Russell Brown https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250889#post250889 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250889#post250889 Existing criminal sanctions are likely quite adequate. What should be considered is improving young people’s ability to initiate appropriate criminal complaints and prosecutions.

Something like the Disputes Tribunal? Also: in the case of defamation, there's no criminal offence.

Regarding other misinformation the ability to require the publishers to issue retractions,…

]]> Mon, 05 Mar 2012 13:56:42 +1300 Kumara Republic https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250888#post250888 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250888#post250888 Just as the traditional MSM has long been subject to requirements to publish retractions or responses so should modern media publishers.

And what's the use of retractions and corrections, if they're just going to be buried on a miniscule p2/p3 sidebar? The Daily Mirror at least had the cojones to…

]]> Mon, 05 Mar 2012 13:47:45 +1300 Kumara Republic https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250887#post250887 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250887#post250887 The closest NZ has come to online death threats was probably the CYFS Watch comments about Sue Bradford during the Section 59 controversy. Mind you, the maintainer likely had mental stability issues.

Mark Middleton also came close, but that was in public rather than on the Web. Another controversy was…

]]> Mon, 05 Mar 2012 13:42:11 +1300 Alan Wilkinson https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250886#post250886 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250886#post250886 Our courts are simply a meat mincer for the ordinary citizen who cannot survive the onslaught of cost, delay, inaccessibility, hostile formality, bizarre precedent and complexity/rigidity of rules. They serve only the bureaucracies, the very wealthy and the large corporates.

However my concern is that any attempt to redress the…

]]> Mon, 05 Mar 2012 13:36:03 +1300 3410 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250881#post250881 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250881#post250881 there are certain places where the net allows the equivalent of a man standing on the corner of main street yelling how he's going to kill X politician (gruesomely).

Such people should probably be advised of the following...

[Crimes Act]

306 Threatening to kill or do grievous bodily harm

(1)…

]]> Mon, 05 Mar 2012 12:58:06 +1300 Russell Brown https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250880#post250880 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250880#post250880 Firstly, I’d suggest better education on internet use: that the best approach to annoyance/harassment is to simply killfile the offender and move on; that if you find a site obnoxious, you should simply not go there; that information on the internet can be posted by anybody and should be treated… ]]> Mon, 05 Mar 2012 12:51:46 +1300 Greg Dawson https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250879#post250879 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250879#post250879 Question – would this include ways to control the use of language that is threatening to individuals?

I ask because there are certain places where the net allows the equivalent of a man standing on the corner of main street yelling how he's going to kill X politician (gruesomely).

While…

]]> Mon, 05 Mar 2012 12:47:12 +1300 Rich of Observationz https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250878#post250878 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250878#post250878 Mon, 05 Mar 2012 12:33:43 +1300 Russell Brown https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250875#post250875 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250875#post250875 Do you support the idea of an alternative tribunal able to provide speedy and efficient remedies for those who have been harmed by an offence on line?

With reservations, yes. As a lower-level alternative to defamation action, which is expensive for both parties, the idea of a tribunal clearly has…

]]> Mon, 05 Mar 2012 12:18:21 +1300 Kumara Republic https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250870#post250870 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250870#post250870 Mon, 05 Mar 2012 12:03:47 +1300 Graeme Edgeler https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250847#post250847 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250847#post250847 The Tribunal would only deal with cases where it determined there had been a breach of the law.

I'm sure it's explained fully elsewhere, but if it has to determine whether there had been a breach of the law, then it sounds like it's dealing with everything.

]]> Mon, 05 Mar 2012 09:45:52 +1300 Public Address https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250846#post250846 https://publicaddress.net/system/cafe/speaker-censorship-is-not-the-only-enemy/?p=250846#post250846 Discussion from blog post.

]]> Mon, 05 Mar 2012 09:45:52 +1300