03/02/2020
33
Slater v Blomfield [2014] NZHC 2221; [2014] 3 NZLR 835 (12 September 2014)
For this reason the decision in Dotcom v Attorney-General [2014] NZHC 1343 does not apply.
34 Tony
Deverson and Graeme Kennedy (eds) The New Zealand Oxford Dictionary (Oxford
University Press, Melbourne, 2005) at 761.
35. The News Media Meets ‘New Media’: Rights, Responsibilities and Regulation in the Digital Age,
above n 30, at [3.39]. The Law Commission was discussing whether bloggers should be included in a
new regulatory regime for the media, not how the Evidence Act should be interpreted, and its
recommendations were not implemented by the government.
[54] I have no doubt that many bloggers are not journalists because they are not obtaining and disseminating
news to the public or a section of the public on a regular basis. Some may not deal with news in the sense of
providing new or recent information, and some may not deal sufficiently with the public or a section of the
public. Nevertheless, I conclude that a blogger who regularly disseminates news to a significant body of the
public can be a journalist. Given that the medium must be “for the dissemination to the public of news ...” a
blog that publishes a single news item would not qualify. The blog must have a purpose of disseminating
news. Some regular commitment to the publishing of news must exist before a blog is a news medium.
Is Whale Oil a news medium?
[55] Whale Oil makes information available to the public for access through the internet. The blog site is a
mode of expression or communication from a source to the public. There is uncontested evidence that Whale
Oil was viewed 75,000 times per week day and 2,000,000 page views per month by members of the public,
although it is not clear when that statistic was collected. What is clear is that in 2012 there were tens of
thousands of viewers of Whale Oil on each day and Mr Slater makes the point that this is more than the visits
to many provincial newspaper sites and a prominent television website.
[56] Mr Slater detailed some of his journalistic work in 2011 and 2012. He has appeared frequently on
television and radio as a commentator on current affairs, and has a six month contract to provide five issues
per week of political coverage, stories and commentary with a prominent radio station. In November 2012
after the period in question, he commenced employment as editor of the Truth newspaper. He explained that
the newspaper was struggling at the time. The job continued through to June 2013. At that point the owners
ceased its publication, and Mr Slater’s employment came to an end. He claimed, and it is not refuted, that the
closure had nothing to do with his performance.
[57] Mr Slater referred to a number of senior journalists who regard him as being a journalist. Mr Stephen
Cook, an experienced freelance journalist, stated:
I was first introduced to Mr Slater in mid-2012 after he was appointed Editor of Truth. Prior to that I knew
him by reputation only. Often my colleagues would receive news tips from Mr Slater or contact him to verify
information they’d gleaned from other sources.
I had also closely followed his work over the Phil Goff SIS scandal and the Labour Party credit card story
and was impressed at the level of detail in his coverage.
[58] Mr Miles has helpfully reviewed the links that Mr Slater has provided to some of his journalistic
endeavours in 2011 and 2012 and summarised them:
(a) January 2011: the “WhaleOil Radio Summer series” – a series of interviews with notable New Zealand
political personalities including Trevor Mallard, Garth McVicar and Celia Wade-Brown;
www.nzlii.org/nz/cases/NZHC/2014/2221.html
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