Mark Hotchin suing Brian Gaynor and the NZ Herald

..in the more traditional fashion, the speaker (writer) as well as the Publisher (NZ Herald.) While one can assume that the Publisher Trade Me will want to enjoin the speakers (writers) of the posts for which it is being sued by Joe Karam, for the specific reason that they claim not be the publishers (but that the writers are) and TM are therefore not liable - Hotchin's actions takes the traditional, established route.

On the surface this could appear to be good news for TM but looked at more closely that isn't necessarily the case because TM continued (and continue now) to publish defamatory material about Karam after having been first warned and then sued. And of necessity the question is asked would Karam have been defamed after he warned TM if they had heeded his warning, the answer is probably no, and if the answer was still yes, TM have lost the mitigating circumstance that they stopped further publishing of defamatory comment because they agreed that they were the publisher or alternatively because they recognised the public harm to Karam even though they believed themselves not to be a publisher. There are some kind of idiots running or advising TM and ultimately the opinion is abroad that the hangbainers, are nutters with an unnatural interest in children.

Worse case scenario is that the Court might order that the nutter fiddlers be enjoined or TM might enjoin them as the traditional (route) action of Hotchin V NZ Herald and Gaynor above. Interesting to note that Mark Hotchin seems oblivious to the fact that his reputation has suffered by his own actions and not from the words published about him. I don't think he has a dog's show. The action seems designed for other reasons, probably quite desperate reasons divorced from reality and probably driven by anger. Another question is raised of how he can afford it if he is as impoverished as he claims when he has sought the courts to release frozen funds and assets to him.

In the meantime while there remain doubts that Hotchin has the dry ammo to keep his law suit going, and noting that Dr Jansen has given up his against an ACC client, sure as rain Karam keeps on relentlessly, passing on his way the locked down hate-sites of rotten fiddlers without an interested glance.