Planned defamation law faces broad opposition

The Government appears to have no choice but to change proposed tough defamation laws because all other parties say they do not support the idea.

A new defamation clause was slipped into the Electoral Amendment Bill (No 2) at the last minute by Associate Justice Minister Margaret Wilson.

It would make it a criminal offence punishable by up to three months' jail or a $5000 fine to publish untrue statements that defame a candidate and are aimed at influencing a vote.

Defamation has not been a criminal offence for almost a decade and before then prosecutions were rare.

Initially Ms Wilson said the proposal was a necessary defence for election candidates. After criticism, she said she was taking advice about the possibility of inserting the word "knowingly" in the clause.

However, the Government has a minority of MPs in Parliament and would need the support of one other party to pass the law. None of the parties the NZPA spoke to yesterday said they would support the defamation clause without the changes proposed by media representatives.

National justice spokesman Wayne Mapp has said his party would seek to change the law when Parliament resumed next week.

"The draconian provision throws into doubt the Government's commitment to freedom of the press," he said. The provision should be limited to published statements that were known to be untrue.

"If it is a crime, it must be shown that the person actually knew the statement was false," Dr Mapp said. "No responsible media organisation would publish material it knows to be false."

The Greens and Act have also said they would not support the Government stance, and a spokesman for New Zealand First said its MPs would also not support the clause as put forward.

Several MPs admitted they had not read carefully enough the proposals Ms Wilson put forward.

Act justice spokesman Stephen Franks said the last-minute changes were a hallmark of the Government's approach to electoral law.

"The suppression of debate in the House on this major chunk of new law was the last straw."

New Zealand First MP Peter Brown said the way the Government handled the bill was "a total disgrace" and he was amazed by Ms Wilson's "haphazard approach" to amendments.

"In the end, the bill is a hodge-podge of amendments that are the result of making policy on the hoof - again."

The bill is due to be debated again next week, but if no Government decision on the changes is made before then, it is a simple matter to delay its progress.

- NZPA