Solicitor-general calls for $100,000 contempt fine against TV3

11.45am

Solicitor-General Terence Arnold today called for TV3 to be fined $100,000 as a "benchmark" for the three defendants convicted for contempt of court after MP Nick Smith publicised a Family Court case.

Smith, TV3 and Radio New Zealand were appearing for sentence in the High Court this morning after being convicted last month after a five-day trial in February.

Making pre-sentencing submissions for the prosecution, Mr Arnold said TV3 was the most culpable of the three defendants and a $100,000 fine would set a benchmark for the other two.

TV3 believed they could ignore the law where they deemed the circumstances exceptional, Mr Arnold said.

Their conduct was, therefore, at the high end in the scale of culpability.

TV3's 20/20 documentary on the Family Court case involving child custody was a serious intrusion into a child's privacy and, though his face obscured, children at his school knew he was the child on television.

Smith's culpability was also at the upper end and he had abused his position as an MP, Mr Arnold said.

He had been unable to recognise that there could be any other view than his on the matter.

However, Smith's fine must recognise that he was an individual rather than a company.

Radio New Zealand's fine should show that their culpability was substantially less, Mr Arnold said.

However, it had displayed an "irresponsible and serious lapse of judgment" when interviewing Smith live -- knowing he was championing only one side of the story.

The Crown has also asked for $60,000 costs.

Under New Zealand law, Family Court proceedings are not open to the public and media can only report cases with specific approval from the judge.

Smith's counsel John Upton told the court that the case would have a precedent effect on all MPs for years to come.

It raised serious issues of freedom of speech for MPs.

Smith had never breached the convention that MPs do not criticise an individual judge, concentrating instead on the Family Court process.

Smith deserved credit for his efforts to get the matter back into the Family Court process, when the family was considering "going bush" with the boy.

- NZPA