Note: This column represents the opinions
of the writer and as such, is not purported as fact
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Since the announcement that several well-known NZ celebrities and former
sports stars were caught up in a drug bust this week, the internet has been
buzzing with speculation and rumour.
For reasons known only to the judge presiding over the case, the names of these
famous people were suppressed -- what folly!
Of course, in theory, anyone who engages in spreading the many unofficial
reports about who was involved is risking harsh penalties but that's not
stopping anyone.
If you find a report on the Net somewhere that discloses the names of these
people and you pass it on then one of two dangers arise:
If the reports are correct, you're going to be in contempt of court - a very
serious offence.
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If the names you pass on are not actually implicated in the court case then
you are guilty of defamation - an offence that carries its own set of risks.
Of course we all know that the reality is that nobody will be prosecuted by
the courts for spreading these rumours, and it's most unlikely that any innocent
celebrity would take action against an individual for simply propagating
such misinformation.
If you are one of the few who haven't already come across the Net postings
which purport to name and shame those involved, just drop into
Google Groups
and do a search for some obvious keywords.
Now the big question must be: has Aardvark breached the court-ordered name
suppression by telling *you* where to find this information?
Well it's all down to that issue of "degrees of separation" again isn't it?
Could any court possibly accept that linking to the root page of one of the
world's most popular websites constitutes breaching a suppression order?
Quite frankly I think that in today's cyber-age, the idea of name suppression
is somewhat akin to nailing jelly to a tree -- it's just not going to work.
What's more, by actually suppressing the names of those who are implicated,
many other innocent people are suddenly viewed with suspicion by the uninformed
public.
If you look at all the rumours surfacing on the Net, it's clear that at least
some of those who have been named as involved clearly can't be. We're told that
there are only two former sports stars involved but I've seen as many as half a dozen
names proffered. The rest of these poor people are being unfairly defamed
due to a suppression order that seems to serve little purpose.
If the courts really want these orders to work then I suspect they'll have to
make an example of someone who uses the Net to flout them -- and they'll probably
have to do it pretty soon or risk having the whole concept of suppression
turned into a big joke by rampant public disobedience.
It would now appear that the number of celebrities who could be implicated
as drug *users* (as opposed to dealers) may be significantly wider than first thought
however. This story
in today's Herald suggests that a number of other big names could have been
customers of these "former sports stars".
I wonder whether their names will also be suppressed - likely on the basis that
naming them would have an impact on their careers which would be far in excess
of the weight of their offending.
What do you think?
Has the Net destroyed the ability of courts to enforce suppression orders?
Should those celebrity customers be given the protection of name suppression?
Do *you* know who's involved and how did you hear? (don't tell me, I've already heard all the rumours :-)
Aardvark Forums
The forums are back up at:
www.aardvarkforums.co.nz/forums,
have your say on today's column
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