Hard News by Russell Brown

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Hard News: So-called celebrity justice

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  • Gareth Ward,

    Self-edited - like that joke but probably didn't gel here... =)

    Auckland, NZ • Since Mar 2007 • 1727 posts Report Reply

  • Russell Clarke,

    Self-edited - like that joke but probably didn't gel here... =)

    Glad I was here to witness its brief life.

    -36.76, 174.61 or thereab… • Since Nov 2006 • 164 posts Report Reply

  • dubmugga,

    Yeah, you've just described his style of music, what he does, his racial background and the types of people that supported him. In an absolutely tiny industry - I do know who this guy is, but still, you've narrowed it to literally a couple of people

    shit !!! when you put it like that...my bad. I thought it's no more than what's available out there.

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • Danielle,

    I'm desperately trying to think of a joke about John Rowles that wouldn't be in horribly poor taste.

    (Just because I feel like we don't talk about John Rowles - the man, the myth, the legend - enough around here.)

    Charo World. Cuchi-cuchi!… • Since Nov 2006 • 3828 posts Report Reply

  • Gareth Ward,

    my bad

    I think it's just the size of that industry, and hey, maybe people wouldn't have put it together but anyone with an inkling would likely have had it confirmed.

    Auckland, NZ • Since Mar 2007 • 1727 posts Report Reply

  • LegBreak,

    Not defending people dropping hints etc...

    But has there ever been a case in NZ where a site has had a case brought against it because of comments left by people unconnected to the site?

    Wellington • Since Nov 2006 • 1162 posts Report Reply

  • Craig Ranapia,

    I think that's true Craig, but it's worse if you go to other alternatives -

    Arguably, and I guess that's why my views on name suppression and other exercises of judicial discretion are... shall we say, a lot more nuanced than they used to be. But I still strongly believe that if you're going to give judges discretion, then you've got to be absolutely scrupulous that conscious or unconscious bias is not in play, and seen not to be in play. After all, I'd argue that little is more destructive of the rule of law than a perception that a FOB nobody apprentice caught with a joint in Mangere is going to be treated differently than a nice law student busted in Remmers.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • Craig Ranapia,

    But has there ever been a case in NZ where a site has had a case brought against it because of comments left by people unconnected to the site?

    LegBreak: First, I don't think Russell wants to add "defendant in precedent-setting test case, and case study in all the best media law textbooks" to his achievements. But as far as I'm aware, Russell is the publisher/owner of this site and he's no less liable for the comments published here than he would be if they were letters to the editor in Planet.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • andrew llewellyn,

    shit !!! when you put it like that...my bad. I thought it's no more than what's available out there.

    All I can say is, I'm glad it can't have been Sir Howard.

    Since Nov 2006 • 2075 posts Report Reply

  • Joe Wylie,

    I'm desperately trying to think of a joke about John Rowles that wouldn't be in horribly poor taste.

    You're right, the few I can recall are shockers. At a Vidcom xmas party back in the day there was a particularly memorable mashup video of his G-G-G-G-G-G-G-G-Gerard roofing ad. The legend wouldn't have liked it, but I was impressed.

    flat earth • Since Jan 2007 • 4593 posts Report Reply

  • Mikaere Curtis,

    But has there ever been a case in NZ where a site has had a case brought against it because of comments left by people unconnected to the site?

    I can't recall one, but Russell's only defence in such a case would be to prove that he's genuinely attempted to comply with the suppression order.

    Even if the chance of being taken to court is low, the consequences are such that prudence is the only sensible course. I'd rather not have PAS shut down because someone - be it through ignorance or arrogance - breaks a suppression order. Especially when Russell has made it totally clear that he wants no skerrick of information about the celebrity being posted here.

    For goodness' sake, if you can't RTFI, bugger off to the TradeMe forums !

    Tamaki Makaurau • Since Nov 2006 • 528 posts Report Reply

  • dubmugga,

    But has there ever been a case in NZ where a site has had a case brought against it because of comments left by people unconnected to the site?

    dunno but it's fairly obvious this isnt going to be the first site to test those waters but it will surely be one of the first to capitalise on any precedents ruled in favour if another site got done...

    ...funny how instantaenous and aquiescing blogs can be in regards to retractions but it's no different to the anonymous high society tattler in gossip mags

    like if you're gonna initiate a discussion about shit then lets not pretend we dont know the full facts or worse drop little teasers in public about extra facts not to known to the public...

    ...grow a pair and put up or shut up, i'm always fond of saying and if i was russell i'd be pushing shit to the limit:)

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • Russell Brown,

    Not defending people dropping hints etc...

    But has there ever been a case in NZ where a site has had a case brought against it because of comments left by people unconnected to the site?

    No, but there's always a first time. And it behoves me to stay clearly on the right side of the law here -- it helps for those times when I go on the radio and TV and say that bloggers aren't actually all feckless idiots.

    And apart from anything else, I clearly asked people to play fair, and doing otherwise is a breach of faith.

    One of the reasons my iPhone has been such a boon is that it makes it easier for me to check in and make sure no one's uttering defamations or breaching court orders. It's my responsibility, even when I'm somewhere else earning a crust, and I rely on the good faith of y'all to make that viable.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • Russell Brown,

    ...grow a pair and put up or shut up, i'm always fond of saying and if i was russell i'd be pushing shit to the limit:)

    And that's such an easy thing to say when you're not me.

    I take a light hand to moderation here and I put up with plenty of shit, but when I draw a line I do need people to help me out.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • dubmugga,

    in this case, please accept my sincerest apologies for any percieved indiscretion

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • Gareth Ward,

    Scrutiny of internet commentary around court activity certainly seems to be at a high right now - wasn't the MoJ or someone specifically looking at Kiwiblog and Trademe for breaching standards around presumed innocence a few months back?
    And the Law Commission has just put out a paper on suppression orders in the last couple of weeks.

    Auckland, NZ • Since Mar 2007 • 1727 posts Report Reply

  • Danielle,

    his G-G-G-G-G-G-G-G-Gerard roofing ad

    Aaaaaaaaaaaaaaaand earworm of the day. (I'm giving you the proverbial mad props, Joe, for writing the correct number of Gs.)

    Charo World. Cuchi-cuchi!… • Since Nov 2006 • 3828 posts Report Reply

  • Craig Ranapia,

    ...grow a pair and put up or shut up, i'm always fond of saying and if i was russell i'd be pushing shit to the limit:)

    WTF? It's really easy to be brave (or stupid) with other people's reputations and livelihoods isn't it? Seriously, mate, QFT (and I don't mean "quoted for truthiness" either). I'd rather not see Public Address being the first blog shuttered by a comment troll who just couldn't take a hint.

    in this case, please accept my sincerest apologies for any percieved indiscretion

    "Percieved indiscretion"? Oy... how about you take complete and unconditional responsibility for your own Kiwibog/Sub-Standard grade behaviour?

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • dubmugga,

    Scrutiny of internet commentary around court activity certainly seems to be at a high right now - wasn't the MoJ or someone specifically looking at Kiwiblog and Trademe for breaching standards around presumed innocence a few months back?
    And the Law Commission has just put out a paper on suppression orders in the last couple of weeks.

    old skool rules/laws governing mainstream media dont apply online in much the same way copyright laws aren't respected. Generation 2.0 really dont give a shit eh...

    it's like the man don't give a shit about carly binding referendums so why should the public give a shit about their court orders ??

    ...thats why it cracks me up why, given the proliferation of leaked music and gossip on the net/free media that this artist ever thought name supression would stick

    A top entertainer who shoved a young woman's head into his genitals in an alleyway is fighting to keep his name secret because he says publicity will destroy his career.

    http://www.stuff.co.nz/national/crime/3008402/Entertainer-in-court-over-alleyway-sex-act

    ...looks like the opposite might hold true

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • dubmugga,

    enough with the troll shit and get off the dick craig, let someone else have a go eh ?

    what doesnt kill you makes you stronger. if PAS did get made a test case, i'm sure it would rise from the ashes wayyy more potent.

    hah...you do real life you and i'll do virtual me. so don't measure me by your double standards or think i'll accept responsiblity for shit i say as an anonymous online persona:)

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • Kyle Matthews,

    old skool rules/laws governing mainstream media dont apply online in much the same way copyright laws aren't respected. Generation 2.0 really dont give a shit eh...

    If you could test this theory out elsewhere, that'd be great.

    Since Nov 2006 • 6243 posts Report Reply

  • Sofie Bribiesca,

    Jesus Christ on a stick! It's very simple. Russell said no and if that's so hard for anyone, Fuck off. It is pointless to argue semantics, a law was passed, we have been asked to respect Russell's place of employment and just because you can ,don't make you ..anything other than a shitstirrer like the grubby media who want to throw punters bullshit. If the father wants to ,he could ask the daughter as well, or join SST with the other lot. This affects(effects?) her entire rep as well. Let her move on already. They hit him in the wallet which seems important to his entourage, sorted really.

    here and there. • Since Nov 2007 • 6796 posts Report Reply

  • Craig Ranapia,

    what doesnt kill you makes you stronger. if PAS did get made a test case, i'm sure it would rise from the ashes wayyy more potent.

    Thanks, Fred. Why don't you start your own blog and get your Nietzsche on there? I guess that would more "potency" than being a smart-arse in a forum where you're not going to wear the consequences.

    Sofie's right -- time to move on. But here's a parting thought: Russell is a friend, and I stand up for my friends. You seem to think it's clever to insult him, expose him to serious legal liability, throw a perfectly reasonable request back in his face, then come up with a weasel-word non-apology that reeks of utter insincerity. I disagree, and, Sir, I say farewell.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • dubmugga,

    If you could test this theory out elsewhere, that'd be great.

    dont get out much huh kyle ?

    the back of your mind • Since Nov 2006 • 257 posts Report Reply

  • Russell Brown,

    Scrutiny of internet commentary around court activity certainly seems to be at a high right now - wasn't the MoJ or someone specifically looking at Kiwiblog and Trademe for breaching standards around presumed innocence a few months back?

    When Sam Morgan was still running Trade Me he actually got a personal phone call from a judge in advance of one case. And yes, David Farrar got a "please explain" (from the Solictor General's office?) over the OTT comments on his site during the Weatherston trial.

    And the Law Commission has just put out a paper on suppression orders in the last couple of weeks.

    Yup -- and some of the recommendations in it regarding enforcement on the internet are unclear to the point of being alarming. Going to ISPs and hosting companies with takedown orders isn't a good thing, because they have no interest in defending publishers.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

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