'High' award for cyber-slur

By MICHAEL FOREMAN

Former Domainz chief executive Patrick O'Brien has won a landmark internet defamation case against Alan Brown, the former owner of Palmerston North-based Manawatu Internet Services.

The case, which involves allegedly defamatory remarks made about Mr O'Brien on an internet newsgroup, was heard on May 3 at Palmerston North District Court.

Judge Gregory Ross's judgment was delivered yesterday afternoon.

He has awarded Mr O'Brien $30,000 general damages and $12,000 punitive damages, and is seeking a memorandum on costs.

Mr O'Brien's lawyer, Peter McKnight of Wellington company Izard Weston, said the damages awarded were high and he was pleased with the outcome of the case.

The decision is a decisive judgment that defamation laws apply to cyberspace in New Zealand.

Mr McKnight said he had not spoken to Mr O'Brien, who now lives in Singapore.

Mr O'Brien had sought general damages of $85,000 and punitive damages of $55,000. The case was regarded as the first test of whether New Zealand's defamation laws apply to the net.

Internet NZ (formerly the Internet Society) chairman Keith Davidson agreed the decision could affect freedom of speech on local internet newsgroups.

"It's hard to see that it won't have some impact," he said.

Alan Brown, who conducted his own defence in court, said he wished to reserve comment.