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Thread: TV3 & Guncity mistake

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  1. #11
    Caretaker stug's Avatar
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    May 2012
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    This article says she can't use a "public interest" defence

    Lawyer claims data shows criminals never interested in mail-order gun 'loophole' | Stuff.co.nz

    Canterbury University media law expert Professor Ursula Cheer said journalists had to weigh up the risk of prosecution when they operated on the fringes of the law pursuing "public interest" stories.

    Equally, police also had the discretion not to pursue a prosecution.

    "Although the police have the power to search the homes of journalists, there is case law that states this should not be done in a heavy-handed way," Cheer said.

    "So such searches should not be used unless truly essential and there must not be a substantial risk of journalistic sources drying up."

    She added there was a common misconception that in cases such as du Plessis-Allan's, a journalist could claim a public interest defense.

    That was only available in civil matters, such as when media defended themselves from defamation accusations

 

 

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