If a point of law lives before the Courts it becomes a precedent, whether if fails or succeeds and eventually is polished into a life of its own. At the moment there is recognition that if people deliberately lie about another on a message board, such as Trade Me, or continue to target a person or their family in a way likely to cause them to feel harmed or harassed then an offence is committed under the common law by both the speaker and the publisher.
It's a very welcome advance as far as I'm concerned to know that if a 'men' like Bill Rodie and Ralph Taylor, publish day after day lies on a message board, then both they and the message board owner maintain a liability. That's very fair, and it's the way it works in the traditional media, it's something that protects people, it's the Courts recognising that in the real world a person, or a person's family cannot be stalked or harassed by anonymous creeps, have their children and family discussed by lurking strangers. Equally importantly it recognises that whatever a person says publicly, by way of message board or not, they have a responsibility to the truth when in fact what they write can impact negatively on the lives of others, and if they're not sure of the truth that they should button their lips because what they speak may be what bites them later. Who could ever promote the idea that the world is not a better place when inhabitated by the truth?
One of the words of the moment is 'inaction.' Trade Me may have fallen about laughing by the situation that 'inaction' could constitute a liability, when they stop giggling perhaps they should research situations where not providing the necessities of life or not assisting someone in peril (being 'inactive') or the probably even more common suit that might address lawbreakers 'act or omission' are recognised as components of offending. Actually, TM may not actually be falling about laughing and could be questioning the quality of their legal advice.
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