The Law Commission today released an interim paper of issues related to cyber-publishing and it's not good news for Kent Parker or the twisted sisters. Although it is an issues paper defining that which will be discussed before a recommendation is made to the Government recommending action, what the paper does is identify that long held view of Trade Me and others such as Parker that they are not publishers in the traditional sense or that they're not responsible for what others publish on their sites is incorrect.
The paper says that such (cyber) publishers are still liable to the laws of defamation, copyright, contempt of Court etc.That is an absolute for Trade Me and Parker in particular. Trade Me have long sought to indemnify themselves against the law by using their own laws (message board rules) as protection against defamation in particular, although contradicted this in another aspect Contempt of Court, perhaps fully appreciating that partying with Civil Law bears no resemblance to the consequences of partying with Criminal Law. I've long predicted that TM will settle the defamation case brought against them by Joe Karam, this is another indicator of that because even though it is defined in the report as an 'issue' clearly the prevailing wisdom is that if you publish it you own it, which of course also tightens the noose around Parker's neck as he dithers and considers a 'grand' concert to raise funds for a legal battle he is definitely losing and which will not be able to be re-couped.
Elsewhere in the report is floated the idea to amend the Harassment Act 1997 to explicitly include cyber-bullying. While that would be welcome the fact is it has already been determined in the Auckland High Court that a person subject to online harassment or stalking can bring an application under the Harassment Act. This would be equally unpalatable for TM, Parker and the like because the paper records that sanctions include monetary sanctions should be considered to be available to applicants in on line harassment cases. Again, while not law - an acknowledgement however that legal opinion is tending that way, support by international precedent. It is note worthy here to record that Trade Me earlier this year amended their rules to include the specific 'don't harass' on the boards. While Trade Me by it's size will (eventually) adapt to comprehending privacy laws as well as harassment laws Parker and the twisted sisters are still stuck 'out there' failing to comprehend advice that he should settle with Karam as he has no chance of winning - today's 'news' is more of the same stuff that Parker doesn't want to hear.
The list of things Parker doesn't want to hear have become so big, there is a huge risk of it engulfing the man.
ReplyDeleteIt will not need to be big to engulf his brain, in fact microscopic will do.
ReplyDeleteThese small-minded idiots are now spreading their harassment wider. This 'Kent Parker' whoever he is has published an open letter to the organizers of the injustice conference in Australia next year. He and his followers are also flooding the conference facebook page with their spite, with no regard for the harm this could do to the conference. The guest speakers at the conference have all themselves endured years of this sort of misinformed emotional whining. Ruben Carter, Lindy Chamberlain... does this Parker think about what he does? This is cruel.
ReplyDeleteThe poor chap, he obviously thinks that his 'views' will be welcomed by an injustice conference. How sad for him to think he would be among friends with his spite and hate. I guess they'll have a laugh about it.
ReplyDelete