03/02/2020
Slater v Blomfield [2014] NZHC 2221; [2014] 3 NZLR 835 (12 September 2014)
code of ethics and the complaints procedure of the Broadcasting Standards Authority or the Press Council. It
has not done so. The definitions make no reference to quality or a need for originality.
[51] Significantly the definition of journalist does not require the dissemination of news to be in any
particular format, such as in a newspaper or periodical. The
definition focuses on the facts of news gathering and dissemination, and not the form
32 Andy
Gibson, Melissa Miller, Philippa Smith, Allan Bell and Charles Crothers The Internet in
New Zealand 2013 (Institute of Culture, Discourse & Communication, Auckland, 2013) at 7.
of presentation. There is no reference to articles or programmes as there is in the definition in s 2 of the
Privacy Act 1992.33
[52] In the de���nition of “news medium” there is reference to disseminating “news and observations on
news”. The distinction between observations on news and actual new information is relevant. Some bloggers
will provide only observations on news. It requires greater resources and sources and more effort to provide
original news as distinct from making observations on that which has been reported by others. The
distinction between observing and providing information is supported by
the New Zealand Oxford English Dictionary definition of “news”:34
news [nju:z] n.pl. (usu. treated as sing) 1 information about important or interesting recent events, esp. when
published or broadcast. 2 (prec. by the) a broadcast report of news. 3 newly received or noteworthy
information.
4 (foll. by to) colloq. Information not previously known (to a person) (that’s
news to me).
The reporting of news involves this element of providing new information to the public about recent events
of interest to the public.
[53] The Law Commission in its 2013 final report on The News Media meets ‘New
Media’ considered that blog sites can break news:35
There is ample evidence of the profound and growing influence new media are having both on mainstream
media’s culture and content. As we discussed in chapter 2 of our Issues Paper, there are well over 200
current affairs bloggers in New Zealand, some of which have become a rich alternative source of information
and commentary. Although primarily a forum for the expression of robust opinion, a number of high profile
blog sites are used to break news. Bloggers are also increasingly taking on a watch dog role over mainstream
media, critiquing their performance and alerting the public to their alleged failures.
This is an important comment arising from an independent and expert body.
www.nzlii.org/nz/cases/NZHC/2014/2221.html
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