Internet regulator Netsafe has declined to pursue a complaint by entrepreneur Sir Ray Avery that Newsroom stories about him amounted to digital harm and harassment.But this isn't over yet, because Avery has indicated from the start that that using the courts to suppress public-interest journalism is exactly what he intends to do. And while we can hope that the court will look at s14 of the Bill of Rights Act and interpret the law so as to be consistent with the right to free speech and freedom of the press and exclude public interest journalism, I would feel far safer if there was explicit protection. That would at least prevent rich pricks like Avery from trying it on, and forcing media organisations to rack up enormous legal bills defending themselves.
The publicly-funded agency, which is charged with mediating complaints of online bullying and harassment under the Harmful Digital Communications Act, told Newsroom today: "This complaint has now been closed at Netsafe."
It said the law was "not clear about how to treat HDC complaints as they apply to media, and there is limited case law from which to form our advice.
"Therefore we are not recommending you take any further action. We have recommended to Sir Ray Avery that if he wishes to pursue this complaint he has the option of applying to the District Court."
There is obvious scope for a member's bill here. I wonder if any of the "free speech loving" MPs in the opposition will take it - or whether the only speech they want to protect is that of racists and Nazis.