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Remove ISP Liability from the Criminal Procedure Reform Bill

Posted on February 7, 2011

The attempt to make ISPs (Internet Service Providers) criminally liable for their users' breach of name suppression orders is unjust and unworkable.

The Criminal Procedure (Reform and Minimisation) Bill is an omnibus bill that makes significant changes to the New Zealand criminal justice system. In its attempt to reform and streamline, it weakens the right to a jury trial, takes away the right to silence and forces defendants to help the Police make the case against them.

It also changes the law around name suppression. While we support the attempt to make name suppression harder to get, we have serious concerns about the attempt to make ISPs liable for breaches of name suppression online. Read section 216 of the proposed law and then consider some of these questions: