Net defamation case tests law

By MICHAEL FOREMAN

Next month, New Zealand defamation law will receive its first test for internet compatibility in court.

A defamation suit brought by former Domainz chief executive Patrick O'Brien against Alan Brown, owner of Manawatu Internet Services, will be heard in the Palmerston North District Court on May 3.

The case involves statements allegedly defaming Mr O'Brien that were circulated in an e-mail to members of the Internet Society of New Zealand (ISOCNZ) on December 23 1999.

Mr Brown said he thought it was likely the hearing would proceed despite last-minute attempts at mediation by a society member.

Mr O'Brien could not be reached.

The case has aroused controversy among society members after it emerged that Domainz, which is owned by ISOCNZ, had agreed to fund the legal costs of Mr O'Brien. But a call by one member for a special general meeting, which might have forced the society to change its policy on the issue, failed to gather sufficient support.

Law commissioner Paul Heath said it would be wrong for him to comment on a case about to come before the court, but he agreed with earlier comments made by fellow commissioner Donald Dugdale that "as a matter of logic, publication over the internet is likely to be caught by the Defamation Act if it is defamatory in nature."

In reports to the Government on e-commerce, the commission has said that existing laws adequately cover most internet defamation.

"The only specific problem we identified as requiring legislative consideration was whether an ISP should be liable for publishing something of which it has no knowledge on a website under its control," said Mr Heath.

"We recommended that it should not be unless given notice of the alleged defamatory material first and given an opportunity to remove it."