Page updated on: Friday April 23, 2010
The civil law cause of action of defamation may be brought against any one who publishes (either through written or spoken word) a defamatory statement about a person. A statement is published if it is conveyed to a third person. A plaintiff must prove that the statement refers to them (although they do not have to be specifically named). A person will generally be identified if someone who knows them thinks the statement refers to them. Secondly, a plaintiff must prove that the statement was in fact defamatory. A statement will be defamatory if it tends to lower the plaintiff in the opinion of right thinking members of society. A statement may also be defamatory if it exposes a plaintiff to hatred, ridicule or contempt, or if it tends to make people shun or avoid the plaintiff. A plaintiff does not need actual evidence that the statement in fact caused people to think less of them or that it was believed by those to whom it was published.
A defendant is unlikely to be liable for publishing a defamatory statement that lowers the plaintiff in the eyes of right thinking members of society if it is provably true. If an untrue defamatory statement is published as the expression an honestly held opinion which those to whom it was published understand to be an opinion, the fact of it being an honest opinion may be a defence to defamation. However, the commentator must have in the publication indicated the facts (which must be true) on which they based their opinion. Consent is another defence to a cause of action in defamation, that is, a defendant will not be liable for publishing a defamatory statement about the plaintiff if the defendant had their consent to do so. It is not a defence to defamation that the defendant did not intend the statement to be defamatory.
There are other defences to defamation in respect of statements made in relation to current or former Members of Parliament, and for printers and distributors of information. For the most up to date information on this area of the law and for more information on any of these defences call your local District Law Society and ask to be referred to a lawyer who specialises in media law. Contact details of your local District Law Society.
The recent case of Hosking v Runting identified the essential requirements for a successful claim for breach of privacy as being that the publication discloses facts of which there is a "reasonable expectation of privacy" and that the publicity given to those private facts would be considered "highly offensive to an objective reasonable person". Because the ambit of this area of the law is uncertain due to the fact that its existence in New Zealand law has only very recently been confirmed, it is highly recommended that for up to date information and advice on this area of law a lawyer is consulted. To be referred to a lawyer who specialises in media law call your local District Law Society. Contact details of your local District Law Society.
The Privacy Act establishes 12 information privacy principles that provide the rules on the collection, accuracy, storage, security, use and disclosure of personal information and give the an individual the right to access and correct their own personal information. For a list and discussion of the 12 principles click here.
The Privacy Act applies only to 'agencies' as defined in the Act. Broadly, an agency is any person or organisation (public or private) that handles the personal information of others, for example, Government departments. The Act also established a complaints procedure through which an individual may complain if they believe an agency has breached their information privacy and bestows the Privacy Commissioner with functions which include the investigation of complaints.
For more information on how to access or change your personal information that is held by an agency, for information on how to complain if you suspect an agency has breached the Privacy Act and for other helpful information, visit the Office of the Privacy Commissioner's website. To view the Privacy Act, visit legislation online.
The Human Rights Act 1993 protects people from unlawful discrimination in specific areas of life. Discrimination is when someone treats an individual differently from someone else on the basis of prejudice. Discrimination is unlawful if it is based on one of the prohibited grounds listed in the Human Rights Act, such grounds include discrimination on the basis of sex, race, religion, to name a few. For a comprehensive list of the prohibited grounds.
Such discrimination is prohibited in areas of life listed in the Act, such as access to education, employment, provision of goods and services. For a comprehensive list of the areas of life in which it is unlawful to discriminate people on one of the grounds prohibited by the Act.
It is the function of the Human Rights Commission to mediate in disputes relating to unlawful discrimination under the Human Rights Act 1993 (the Act).
For more information on the exceptions to the grounds and the areas of unlawful discrimination, the dispute resolution process that is gone through if you believe you have been discriminated against and other relevant topics, visit the Human Rights Commission website.
Sexual and racial harassment are other grounds of discrimination that are prohibited by the Human Rights Act. Sexual harrassment is prohibited in the areas referred to above, as is racial harassment, however racial harassment will also be unlawful if it is broadcast or published to the public or in a place accessible to the public.
The Act states that it is unlawful to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
It is also unlawful for a person, by the use of language (written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject a person to behaviour that is unwelcome or offensive to that person and is either repeated, or of such a significant nature that it has a detrimental effect on that person.
Also prohibited by the Act is discrimination through exciting racial disharmony. That is, it is illegal to publish through words (spoken or written) statements or material that is likely to excite hostility against or bring into contempt any group of persons on the ground of their colour, race, or ethnic or national origins.
If you believe you have been discriminated against, you may wish to complain to the Human Rights Commission. The disputes resolution process is outlined on the Human Rights Commission website. The website also contains further information on sexual and racial harassment..