Name bans flawed, says expert

Guidelines should be written to help judges decide how to issue name suppression, says a media law expert.

Professor John Burrows, from Canterbury University, told NZPA yesterday that if judges were going to suppress someone's name, they should also suppress all details about the person to avoid speculation over who it was.

"It's a very difficult issue because the act of Parliament doesn't give any guidelines at all. It just says the judge may suppress names."

Professor Burrows said that when a case went to the Court of Appeal, they only issued name suppression in exceptional circumstances.

"But sometimes in the District Court, I suspect it's not quite evenly applied."

Professor Burrows said judges also had to bear in mind that gossip might spread anyway, "and it can be very, very hard to stop it".

Courts had the power to suppress not just name but a whole range of details such as occupation, address and any other particulars.

"If judges only suppress the name, I suppose you've got to expect the media to throw out a few hints, which starts people guessing and has the effect of casting suspicion on the wrong people."

- NZPA