Nikki Chamberlain: Auckland University Senior law lecturer discusses calls for change to name suppression

Issues around potential defamatory claims on social media are in the spotlight - after false accusations against a Kiwi richlister. 

Mat Mowbray's been incorrectly named on Tiktok as the member of a wealthy family convicted of having child abuse material. 

The real person convicted has permanent name suppression. 

Auckland University Senior Law Lecturer Nikki Chamberlain says false rumours on social media are a real problem.

She told Mike Hosking platforms do have time to respond to complaints. 

Chamberlain says the horse has already bolted to some extent, because it's been up for a period and shared by various people. 

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Episode Transcript

Speaker 1 (00:00):
So the old what you can say online siger is
back for another round. This time it's the Mobray family
of Zuru fame issues around name suppression rumors on TikTok.
Isn't that a weird saying for the aja rumors on TikTok? Anyway,
they're wrongly named Nick Mobra as the man from a
wealthy key we family jailed ober child sex abuse material
family says the rumors of damaging convicted child sex offenders
shouldn't get their names suppressed now Oakland University Senior Law

(00:23):
lecture in Nicky Chamberlain's with its Nicky.

Speaker 2 (00:24):
Morning, Good morning Mike.

Speaker 1 (00:26):
I find the seamlessly fascinating, don't you. I can't work
out a way around this. I mean, the horse has
bolted when it comes to jurisdiction and online hasn't it.

Speaker 2 (00:36):
Yeah, it's a real problem. I mean there are various
competing interests at play. You know, if you're wanting to
go after the actual online provider for defamation, say, for example,
are under the Harmful Digital Communications Act, the online providers
such as TikTok has a reasonable period of time after

(00:56):
they receive notice to take down the offending content because
obviously a platform like TikTok or Facebook or Twitter or
ex as it's now known. You know, how are they
going to know what's there? You know, people who are
on those platforms are posting if it's true or false, right,
so they need to receive notice before they can take
it down. And as you said, the horse has already

(01:18):
bolted to some extent because it's already been up for
a period of time and probably shared by by various people.

Speaker 1 (01:25):
What about the line of being convicted. Now I haven't
followed this case, but my understanding is they're appealing. So yes,
you're convicted, but you're appealing. I would argue that you
still deserve name suppression in case something happens, and therefore
you'll not ruin for life reputationally.

Speaker 2 (01:39):
That's right, That's absolutely right. So you know, while while
proceedings are still on foot, the name suppression will will
I imagine stay in place so that there's no no prejudice.

Speaker 1 (01:50):
What if you're in charge of everything legally in the world, Nikki,
what we do do?

Speaker 2 (01:57):
Well, that's really a really good question. I mean the
first the first thing is is that obviously, if the
person who the statements are being made falsely about knows
who the people who are the primary instigators, right, So
the person who's actually posting the allegations on the platform,
you would go after them because you can definitely see

(02:18):
them in defamation for example, and civil law. You've got
the Harmful Digital Communications Act, and in fact, there are
criminal senses under that act. If people make comments which
are false allegations.

Speaker 1 (02:30):
And they looky, that's fine for the Mowbrays. But for
the individual who doesn't have the money, doesn't have a lawyer,
and the persons in Louisville, Kentucky, you know, there's nothing
you can do, is it?

Speaker 2 (02:41):
It's really hard? No, it's really hard. Look, you can
go to net safe and try to get net safe
to get them to remove the content. But you're going
to have jurisdictional issues. Right, anytime you have an order
in New Zealand, it doesn't necessarily take effect somebody overseas
because you're going to have to get that order recognized
in the foreign jurisdiction for it to be able to

(03:02):
take effect. And so you're absolutely right, it's at that
stage going to be very, very difficult for the average
Joe blog to be able to be able to get
any sort of assistance other than to go directly to
the internet provider, but again with reasonable notice. It's not
going to come down immediately, right and the damage may
already be done.

Speaker 1 (03:22):
Appreciate your expertise as always, and you have a good weekend.
Nicki Chamberlain of the Oakland University. For more from the
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