The Family Court Act 1980 also states that there are publication restrictions where matters relate to vulnerable people or people under the age of 18. It sets out a very wide prohibition on the publication of proceedings in the Family Court, which applies to any party to the proceedings.
An individual can receive a term of imprisonment not exceeding three months or a fine not exceeding $2000 if they breach a publication restriction.
Defamation cases in New Zealand
Defamation is when an untrue or misleading statement made publicly (either in writing or spoken) about a person or organisation harms their reputation. Whether a particular statement is considered defamatory is decided in the court.
Defamation cases are relatively rare in New Zealand. Conservative Party Leader Colin Craig brought a sexual harassment defamation appeal to the Supreme Court in June 2021, which was denied by the Supreme Court. This case in particular has spanned 10 years.
Most defamation cases involve parties that ordinarily receive a high amount of publicity, such as politicians or celebrities. This is often what makes the high costs of bringing a defamation case and paying any potential damages worthwhile.
Lessons from the Depp/Heard case
Both parties have had their low points in the relationship scrutinised, their mental health assessed by experts and reported to the public, and personal aspects of their upbringing displayed for the public to hear.
In the Depp/Heard case, the use of social media by the parties has been very relevant. The past social media posts made by the parties are a significant aspect of the case. It is a helpful reminder that while people's memories may be short, these posts can be obtained by your partner or lawyer in a case against you, whether in relation to defamation or divorce.
I have always advised clients to stay off social media around and after separation. When people misuse social media or use it to let off steam, it usually ends up as evidence in the other party's affidavits. Posting content that is inconsistent with your present comments and behaviour will only be to your detriment.
Recordings made in private and without the knowledge of the other party is another central feature of the case. From time to time, clients come to us with recordings. While they can be helpful, they are not the trump card over the other party. Where one person doesn't know they are being recorded and the other person is on their best behaviour, these recordings do not present an accurate picture of the relationship.
There have been cases where a person has attempted to covertly record a partner by placing a recording device on the child. The Court does not take a favourable view of such actions.
Summary
While the world consumes the Depp/Heard trial as though it is a live sport, it is important to remember that what is on display for us normally occurs behind closed doors in a private setting. The allegations being discussed, regardless of their veracity, are extremely sensitive and can be traumatic for those who have lived through similar circumstances.
FAMILY VIOLENCE RESOURCES
If you feel threatened or are in immediate danger, please call the Police on 111.
If you or someone you know is facing domestic violence, please contact a family violence service to help you take urgent steps in protecting you and your children. You can find a comprehensive list of family violence helplines and services on the Family Violence: It's Not OK website.
- Jeremy Sutton is a senior family lawyer, specialising in divorce cases where there are significant assets, including family trusts and complex business structures.
