Lol. Q3 here sets out what he (edit: allegedly) said (anything said in the House is protected by Parliamentary privilege)
https://bills.parliament.nz/v/11/59669ddb-f7b1-405a-0e5b-08dc696671a5
After seeing RNZ removed the comment I thought it would be worse that that.
I’m a bit disappointed in RNZ for that, what is the point of an article about this if we don’t even know what was said?
It sounds like they edited it out, possibly after legal threats? I’m not sure how they think they would get in trouble for quoting something that was actually said.
You can be found liable for defamation just by repeating what was said, so yeah RNZ removed the references and none of the other stories about it have published what he said https://defamationupdate.co.nz/legal-guide-publication/
I’m not sure that’s quite the situation. If you told someone I was a fraud, then they told others I was a fraud, that person wouldn’t be protected.
However, RNZ is not making claims about they guy, they would be saying that Winston made claims about the guy, which is a true statement easily provable.
I’d guess that this might be a line RNZ just aren’t willing to test since court cases are expensive even if you don’t lose.
I dunno, depends what ‘repeating’ it means. It sounds like just reporting on it might be a defense, but I could see a big loophole if you couldn’t be touched for effectively picking up and amplifying the original claim with some qualifying words around it.
But I think you’re right that they won’t want to find out in court in any case.
Yes. The law applies what is known as the ‘repetition rule’ (or ‘republication rule’). Under this rule, the liability of a person who repeats a rumour or allegation is no different to the person who first made the statement. This includes rumours or allegations that come from reputable sources like the Police or news sites. This aspect of the law has some wriggle room when it comes to establishing defences. But for at least the element of publication, anyone who repeats a defamatory statement is liable.
but I could see a big loophole if you couldn’t be touched for effectively picking up and amplifying the original claim with some qualifying words around it.
I think there’s a huge difference between an article stating “John Smith a fraudster” and then backing it up by using Winston as a source (which is what I believe your quoted part is for), vs an article that says “In parliament on Wednesday NZ First Leader Winston Peters called John Smith a fraudster”. RNZ aren’t actually claiming the things that Winston said, so in my view there would be no case against them, but now I think about it RNZ probably got a cease and desist and didn’t think it was worth fighting over (which it’s not).
Nah that’s not enough apparently
What if the publisher just reporting what someone else said?
The rule is: whoever reports it is liable for it. Even if it’s from an apparently reputable and knowledgeable source, such as the police. The publisher has to prove the truth of the sting of the article, remember. That’s what the readers or viewers will take it to mean. It’s not enough for the publisher to prove that it has reported the accusation accurately. It must be able to prove that the accusation itself is true.
What if the publisher writes “alleged”?
This is just a fancy way of saying “I’m reporting what someone else has said” – so the same answer applies. Sprinkling a story with the word “alleged” or “rumoured” doesn’t insulate the publisher from a defamation lawsuit. The publisher is still passing on someone else’s allegation or gossip.
Same, but also exactly the kind of thing I expected it to be
Yeah, but while this would be news for anyone else, it’s just a normal Thursday for Winston. I was expecting something that was worse than what he would normally say!
