Presented by Rick Shera - @lawgeeknz

To Parents Online NZ Blogcamp

On 3 August 2013

#BloggerLaw

Copyright infringingDefamatoryObjectionable CriminalCode breaching

s92C Copyright Act 1994

The Internet service provider does not infringe

copyright in the work by storing the material

unless—

(a) the Internet service provider—

(i) knows or has reason to believe that the

material infringes copyright in the work; and

(ii) does not, as soon as possible after becoming

aware of the infringing material, delete the

material or prevent access to it

s21 Defamation Act 1992

Innocent disseminationIn any proceedings for defamation against any person who has published the matter that is the subject of the proceedings solely in the capacity of, or as the employee or agent of, a processor or a distributor, it is a defence if that person alleges and proves—(a) that that person did not know that the matter contained the material that is alleged to be defamatory; and(b) that that person did not know that the matter was of a character likely to contain material of a defamatory nature; and(c) that that person's lack of knowledge was not due to any negligence on that person's part.

s122 Films, Videos, and Publications Classification Act 1993

… a person does not distribute a publication unless the person—(a) intends, or knows of, the act of distribution; and(b) knows what, in general terms, the publication is or contains.

S66 Crimes Act 1961

66 Parties to offences (1) Every one is a party to and guilty of an offence who— (a) actually commits the offence; or (b) does or omits an act for the purpose of aiding any person to commit the offence; or (c) abets any person in the commission of the offence; or (d) incites, counsels, or procures any person to commit the offence.

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