KEY POINTS:
The Law Commission has raised the possibility of establishing a national register of suppression orders so that accurate information about what they cover is easily available.
It says in a discussion paper released today that media organisations have pointed out problems journalists have in finding out whether there is a suppression order in place in a particular case, or what the precise terms of the order are.
"In some cases the endorsements describing the suppression order at the top of the judgment, which are not always drafted by the judges themselves, are at odds with the content of the orders set out in the body of the judgment," the paper says.
"The Ministry of Justice is currently exploring ways of improving the available of accurate information ... one possibility is the establishment of a national register of suppression orders."
The discussion paper also considers the effect of the internet on suppression orders, an issue it says is of increasing significance.
It says publication on the internet can frustrate suppression orders and create risks of prejudice to a fair trial.
"A particular problem is that publicity remains easily accessible on the internet long after it has ceased to be current news. There is potential for jurors to conduct their own internet searches."
The paper does not suggest specific ways to deal with this problem but asks whether there should be "a different approach" to controlling internet breaches of them.
Another issue covered in the discussion paper is the definition of publication.
"In our view, the term `publication' must include word of mouth communication because widespread gossip has the potential to undermine the interests protected by a suppression order," the commission says.
"However, defining `publication' in a way that makes it clear that any communication of the suppressed information to a third party is a breach of the order has the potential to extend the net too wide."
It says the alternative to a statutory definition is to leave it to the courts to make decisions on a case by case basis, taking a robust approach to the meaning of the term.
The closing date for submissions on the discussion paper is February 13 next year. It is on lawcom.govt.nz
- NZPA
