Net defamation case goes ahead

A test case determining whether New Zealand's existing defamation laws apply to the internet goes ahead today after last-minute mediation attempts failed.

The defamation suit brought by Patrick O'Brien, the former CEO of internet registration company Domainz, against Alan Brown, owner of Manawatu Internet Services, will be heard in Palmerston North District Court.

The case involves statements allegedly defaming Mr O'Brien that were circulated in an Internet Society of New Zealand (ISOCNZ) newsgroup and email mailing list on 23 December 1999.

Domainz chairman Bob Gray refused to comment on reports that Domainz, which is owned by ISOCNZ, had withdrawn its financial support for Mr O'Brien's legal costs.

"Our advice is that a comment would be misplaced at this time," he said.

Mr O'Brien confirmed that the case would be proceeding but he refused to discuss the question of Domainz funding his legal costs.

"I could not comment on anything associated with the case as it goes before the court tomorrow."

Mr Brown said the case was going ahead after attempts at negotiation had proved fruitless.

While Domainz's financial support for the action has been "acknowledged" by the council of ISOCNZ, the arrangement has angered some society members.

Last month a call by one member for a special general meeting to discuss the issue failed to gather sufficient support by a narrow margin.