Latest news with #HarmfulDigitalCommunicationsAct
NZ Herald
13-06-2025
- Politics
- NZ Herald
Media Insider: ‘Huge victory' - District Court lifts gagging order on NZ-Chinese journalist against pro-Beijing political figure
A court decision has been labelled a 'huge victory' for freedom of speech and sparked calls for a deeper review of the Harmful Digital Communications Act. A district court judge says he is 'seriously concerned' about the way an Auckland-based, pro-Beijing political activist successfully sought a court order to gag
Scoop
12-06-2025
- Politics
- Scoop
Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Press Release – Free Speech Union The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are … Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union's help. This is a major victory, not just for Portia, but for all Kiwis' speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union. 'We're thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis. 'CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU's representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia's favour. 'The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent. 'Portia's victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free. 'The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced. 'When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia's victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis' rights to seek, receive, and impart information.'
Scoop
12-06-2025
- Politics
- Scoop
Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Press Release – Free Speech Union The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are … Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union's help. This is a major victory, not just for Portia, but for all Kiwis' speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union. 'We're thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis. 'CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU's representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia's favour. 'The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent. 'Portia's victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free. 'The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced. 'When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia's victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis' rights to seek, receive, and impart information.'
Scoop
12-06-2025
- Politics
- Scoop
Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union's help. This is a major victory, not just for Portia, but for all Kiwis' speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union. 'We're thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis. 'CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU's representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia's favour. 'The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent. 'Portia's victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free. 'The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced. 'When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia's victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis' rights to seek, receive, and impart information.'
Scoop
11-06-2025
- Politics
- Scoop
Free Speech Union Warns Stalking And Harassment Bill Risks Abuse, Changes Make It Worse
The Crimes Legislation (Stalking and Harassment) Amendment Bill suffers from the common fault of slogan laws with good intentions, without realism about the risks of misuse. The announced expansion of what is considered a 'specified act' goes in the wrong direction, says Stephen Franks, Council Member of the Free Speech Union. 'We've already seen the broad and vague terminology in the Harmful Digital Communications Act being used to silence legitimate dissent many times. This Bill is likely to be similarly abused. 'Truth should be a defense for 'damaging, or undermining [a person's] reputation, opportunities, or relationships'. That would save the centuries-long principle that protects the public interest in learning home truths about powerful people and wrongdoers. It is not enough to say the Bill lets you argue that truth is for a proper purpose. We know that courts have not held that telling the truth is presumptively a proper purpose. 'The broad definition of 'specified acts' as inducing fear or distress, combined with the low threshold for establishing a 'pattern of behaviour', already leaves wide scope for misuse against legitimate surveillance, and dissent. Likewise, the inclusion of 'contacting or communicating with a person' is vague and has the potential to be weaponised. 'By prioritising the term 'fear or distress' without a clear objective override, the Bill raises similar issues to 'hate speech' legislation. The law does not recognise that some people ought to be ashamed ('distressed') by exposure of their own conduct. 'The Government's decision to increase the timeframe for establishing a 'pattern of behaviour' from contact twice over 12 to 24 months also widens the net, making it more likely that isolated or infrequent expressions of dissent could be criminalised. 'We submitted our concerns in February, urging the Justice Select Committee to narrow their definitions, to clarify 'specified acts', and to provide better defences that would let the courts protect free speech. We call on the Minister of Justice to protect Kiwis' speech rights as well as victims of stalking and harassment.'
