God, via the consent of the governed, gives authority to the state to administer justice against those who violate the rights and freedoms of others. Given this, it is important that the citizens can see that justice is being done. My fellow blogger WhaleOil’s very public battle with New Zealand’s name suppression laws and the wide support he’s received (if not for his actions at least for the sentiment behind them) highlights a concern that name suppression law, as practiced in New Zealand – especially with regard to celebrities – offends this notion.

Suppression orders offend important liberal concepts; the principle of openness, transparent and public trials, is grounded in the right to a fair trial and the right to freedom of expression, for each citizen to be able to seek, receive and impart information, are both contained the New Zealand Bill of Rights Act 1990. Suppression orders meant that we, the public, are unable to receive information about matters of justice and thus we cannot fully witness justice being done; the balance of power becomes too weighted in favour of the state.

This is not to say there is no place for suppression orders, I believe there clearly is, but in granting one the interests of justice must be properly weighed against the right to expression “and only where the Court’s capacity to ensure justice is significantly imperilled will the right of citizens and the media to seek, receive and impart information be curtailed.” (Thomas J in Police v O’Connor [1992] 1 NZLR 87, 99) The court must take into consideration the effect of doing so on freedom of expression, alongside its affronts to the principle of openness, and engage in the weighing and balancing that Thomas J referred to.

Now given the presumption of innocence, innocent until proven guilty in a court of law, one wonders why someone simply being accused of something causes the court to tip the balance in favour of the right to privacy, a right not typically contained in Bills of Rights or listed by jurists when considering the key elements of a just and liberal society? If the reason is that once accused everyone thinks you did it then why doesn’t everyone get name suppression? Do non-celebrities not also have very real risks to their careers and relationships when they are tainted by accusations?

Tags:   Due Process · Name Suppression · Rights and Freedoms · Thomas J · Whale Oil4 Comments