1 00:00:00,120 --> 00:00:02,160 Speaker 1: So the old what you can say online siger is 2 00:00:02,160 --> 00:00:04,120 Speaker 1: back for another round. This time it's the Mobray family 3 00:00:04,160 --> 00:00:07,240 Speaker 1: of Zuru fame issues around name suppression rumors on TikTok. 4 00:00:08,039 --> 00:00:11,920 Speaker 1: Isn't that a weird saying for the aja rumors on TikTok? Anyway, 5 00:00:11,960 --> 00:00:13,920 Speaker 1: they're wrongly named Nick Mobra as the man from a 6 00:00:13,920 --> 00:00:16,759 Speaker 1: wealthy key we family jailed ober child sex abuse material 7 00:00:17,079 --> 00:00:19,840 Speaker 1: family says the rumors of damaging convicted child sex offenders 8 00:00:19,840 --> 00:00:23,120 Speaker 1: shouldn't get their names suppressed now Oakland University Senior Law 9 00:00:23,200 --> 00:00:25,079 Speaker 1: lecture in Nicky Chamberlain's with its Nicky. 10 00:00:24,800 --> 00:00:26,760 Speaker 2: Morning, Good morning Mike. 11 00:00:26,920 --> 00:00:29,880 Speaker 1: I find the seamlessly fascinating, don't you. I can't work 12 00:00:29,920 --> 00:00:31,560 Speaker 1: out a way around this. I mean, the horse has 13 00:00:31,600 --> 00:00:34,879 Speaker 1: bolted when it comes to jurisdiction and online hasn't it. 14 00:00:36,240 --> 00:00:39,560 Speaker 2: Yeah, it's a real problem. I mean there are various 15 00:00:39,560 --> 00:00:43,680 Speaker 2: competing interests at play. You know, if you're wanting to 16 00:00:43,720 --> 00:00:47,880 Speaker 2: go after the actual online provider for defamation, say, for example, 17 00:00:48,479 --> 00:00:52,639 Speaker 2: are under the Harmful Digital Communications Act, the online providers 18 00:00:52,640 --> 00:00:56,560 Speaker 2: such as TikTok has a reasonable period of time after 19 00:00:56,600 --> 00:01:00,279 Speaker 2: they receive notice to take down the offending content because 20 00:01:00,360 --> 00:01:04,560 Speaker 2: obviously a platform like TikTok or Facebook or Twitter or 21 00:01:04,680 --> 00:01:08,319 Speaker 2: ex as it's now known. You know, how are they 22 00:01:08,319 --> 00:01:10,560 Speaker 2: going to know what's there? You know, people who are 23 00:01:10,560 --> 00:01:13,160 Speaker 2: on those platforms are posting if it's true or false, right, 24 00:01:13,200 --> 00:01:16,280 Speaker 2: so they need to receive notice before they can take 25 00:01:16,319 --> 00:01:18,279 Speaker 2: it down. And as you said, the horse has already 26 00:01:18,280 --> 00:01:20,640 Speaker 2: bolted to some extent because it's already been up for 27 00:01:20,680 --> 00:01:24,880 Speaker 2: a period of time and probably shared by by various people. 28 00:01:25,040 --> 00:01:27,280 Speaker 1: What about the line of being convicted. Now I haven't 29 00:01:27,280 --> 00:01:30,840 Speaker 1: followed this case, but my understanding is they're appealing. So yes, 30 00:01:30,880 --> 00:01:34,120 Speaker 1: you're convicted, but you're appealing. I would argue that you 31 00:01:34,360 --> 00:01:37,120 Speaker 1: still deserve name suppression in case something happens, and therefore 32 00:01:37,120 --> 00:01:38,800 Speaker 1: you'll not ruin for life reputationally. 33 00:01:39,440 --> 00:01:43,000 Speaker 2: That's right, That's absolutely right. So you know, while while 34 00:01:43,000 --> 00:01:47,119 Speaker 2: proceedings are still on foot, the name suppression will will 35 00:01:47,160 --> 00:01:50,560 Speaker 2: I imagine stay in place so that there's no no prejudice. 36 00:01:50,800 --> 00:01:54,680 Speaker 1: What if you're in charge of everything legally in the world, Nikki, 37 00:01:54,760 --> 00:01:55,280 Speaker 1: what we do do? 38 00:01:57,360 --> 00:01:59,320 Speaker 2: Well, that's really a really good question. I mean the 39 00:01:59,360 --> 00:02:04,280 Speaker 2: first the first thing is is that obviously, if the 40 00:02:05,000 --> 00:02:08,519 Speaker 2: person who the statements are being made falsely about knows 41 00:02:08,960 --> 00:02:12,080 Speaker 2: who the people who are the primary instigators, right, So 42 00:02:12,120 --> 00:02:15,960 Speaker 2: the person who's actually posting the allegations on the platform, 43 00:02:16,280 --> 00:02:18,320 Speaker 2: you would go after them because you can definitely see 44 00:02:18,360 --> 00:02:21,400 Speaker 2: them in defamation for example, and civil law. You've got 45 00:02:21,400 --> 00:02:24,200 Speaker 2: the Harmful Digital Communications Act, and in fact, there are 46 00:02:24,200 --> 00:02:28,960 Speaker 2: criminal senses under that act. If people make comments which 47 00:02:29,040 --> 00:02:30,960 Speaker 2: are false allegations. 48 00:02:30,320 --> 00:02:33,080 Speaker 1: And they looky, that's fine for the Mowbrays. But for 49 00:02:33,160 --> 00:02:35,960 Speaker 1: the individual who doesn't have the money, doesn't have a lawyer, 50 00:02:36,120 --> 00:02:39,840 Speaker 1: and the persons in Louisville, Kentucky, you know, there's nothing 51 00:02:39,840 --> 00:02:41,160 Speaker 1: you can do, is it? 52 00:02:41,160 --> 00:02:43,240 Speaker 2: It's really hard? No, it's really hard. Look, you can 53 00:02:43,320 --> 00:02:47,079 Speaker 2: go to net safe and try to get net safe 54 00:02:47,120 --> 00:02:49,720 Speaker 2: to get them to remove the content. But you're going 55 00:02:49,800 --> 00:02:52,959 Speaker 2: to have jurisdictional issues. Right, anytime you have an order 56 00:02:52,960 --> 00:02:56,680 Speaker 2: in New Zealand, it doesn't necessarily take effect somebody overseas 57 00:02:56,680 --> 00:02:59,520 Speaker 2: because you're going to have to get that order recognized 58 00:02:59,560 --> 00:03:02,120 Speaker 2: in the foreign jurisdiction for it to be able to 59 00:03:02,160 --> 00:03:05,960 Speaker 2: take effect. And so you're absolutely right, it's at that 60 00:03:06,080 --> 00:03:08,240 Speaker 2: stage going to be very, very difficult for the average 61 00:03:08,280 --> 00:03:10,440 Speaker 2: Joe blog to be able to be able to get 62 00:03:10,480 --> 00:03:14,160 Speaker 2: any sort of assistance other than to go directly to 63 00:03:14,520 --> 00:03:17,920 Speaker 2: the internet provider, but again with reasonable notice. It's not 64 00:03:18,000 --> 00:03:21,400 Speaker 2: going to come down immediately, right and the damage may 65 00:03:21,440 --> 00:03:22,000 Speaker 2: already be done. 66 00:03:22,160 --> 00:03:24,320 Speaker 1: Appreciate your expertise as always, and you have a good weekend. 67 00:03:24,360 --> 00:03:27,400 Speaker 1: Nicki Chamberlain of the Oakland University. For more from the 68 00:03:27,440 --> 00:03:30,560 Speaker 1: mic Asking Breakfast, listen live to news talks. It'd be 69 00:03:30,639 --> 00:03:34,359 Speaker 1: from six am weekdays, or follow the podcast on iHeartRadio.