1 00:00:00,240 --> 00:00:02,800 Speaker 1: The mobrains reckon, we need to change our suppression laws. 2 00:00:02,840 --> 00:00:05,840 Speaker 1: They're calling out people on TikTok for putting Matt Mowbray 3 00:00:05,840 --> 00:00:09,000 Speaker 1: at the center of child abuse material case. This is 4 00:00:09,039 --> 00:00:10,559 Speaker 1: the guy. You might have seen it in the news. 5 00:00:10,640 --> 00:00:14,640 Speaker 1: Jaild has permanent name suppression. Media describes them as an 6 00:00:14,720 --> 00:00:18,400 Speaker 1: unnamed member of a wealthy Kiwi family. So people online 7 00:00:18,640 --> 00:00:21,840 Speaker 1: start having their reckons as they wanted to do the wrong. 8 00:00:22,239 --> 00:00:24,680 Speaker 1: Retired law professor Bill Hodges with us this morning. 9 00:00:24,440 --> 00:00:26,760 Speaker 2: Bill, good morning, good morning to you. 10 00:00:26,880 --> 00:00:28,120 Speaker 1: The mobrays have a point. 11 00:00:27,920 --> 00:00:30,840 Speaker 2: Here, Oh, of course they do. Of course they do. 12 00:00:30,960 --> 00:00:33,200 Speaker 2: They've got a very good point. But this has been 13 00:00:33,280 --> 00:00:35,880 Speaker 2: the stand. It's not new. It's not as if they've 14 00:00:35,920 --> 00:00:39,920 Speaker 2: just invented this issue. It's been long understood that when 15 00:00:39,960 --> 00:00:44,000 Speaker 2: one person's name is suppressed, other people in the same 16 00:00:44,080 --> 00:00:48,760 Speaker 2: general category are under suspicion and rumors go around. For example, 17 00:00:49,080 --> 00:00:52,880 Speaker 2: if you said a music teacher in a high school 18 00:00:53,159 --> 00:00:56,920 Speaker 2: has been arrested, in charge, etc. Then every music teacher 19 00:00:57,040 --> 00:00:59,600 Speaker 2: in every high school is now under suspicion and has 20 00:00:59,640 --> 00:01:02,520 Speaker 2: to start to try to clear themselves. Happily, the Mowbrays 21 00:01:02,560 --> 00:01:06,480 Speaker 2: seem to be able to give enough facts to absolutely 22 00:01:06,560 --> 00:01:10,200 Speaker 2: shut down the rumor because of the clear contradictions that 23 00:01:10,200 --> 00:01:15,120 Speaker 2: he's sout. But some people can't, and it is an issue. 24 00:01:15,120 --> 00:01:18,440 Speaker 2: And I think the problem is that instead of starting 25 00:01:18,480 --> 00:01:22,000 Speaker 2: with the principle of open justice, that the courts should 26 00:01:22,080 --> 00:01:26,959 Speaker 2: be transparent, the principles of justice should be available to 27 00:01:27,080 --> 00:01:28,959 Speaker 2: the people so that they can know who is in 28 00:01:29,000 --> 00:01:31,600 Speaker 2: the court and why is in the court, with very 29 00:01:31,920 --> 00:01:36,720 Speaker 2: specific and narrow exceptions. Isn't it pretty the victims? Yeah? 30 00:01:36,920 --> 00:01:40,000 Speaker 1: Yeah, Bill? Is there a difference here between somebody who 31 00:01:40,040 --> 00:01:42,000 Speaker 1: is convicted of a crime in somebody and I know 32 00:01:42,080 --> 00:01:45,319 Speaker 1: in this case that they were found guilty, but merely 33 00:01:45,360 --> 00:01:49,320 Speaker 1: being charged with a crime. You know, why don't we 34 00:01:49,400 --> 00:01:52,000 Speaker 1: just say someone's been charged with a crime, not tell 35 00:01:52,080 --> 00:01:55,040 Speaker 1: you who they work for, that they're wealthy, what their 36 00:01:55,120 --> 00:01:56,360 Speaker 1: name is, anything like that. 37 00:01:58,080 --> 00:02:02,240 Speaker 2: Generally we should know who was in the court. I 38 00:02:02,280 --> 00:02:06,200 Speaker 2: can remember a few years ago, before your time, that 39 00:02:06,280 --> 00:02:09,800 Speaker 2: the Labor government passed the statute providing for that for 40 00:02:10,040 --> 00:02:14,280 Speaker 2: absolute name suppression. Not long afterwards, you won't remember this, 41 00:02:14,400 --> 00:02:19,360 Speaker 2: but a labor MP was involved with two boys in 42 00:02:19,400 --> 00:02:23,399 Speaker 2: a motel room and the name was suppressed, and suddenly 43 00:02:23,480 --> 00:02:27,240 Speaker 2: every single Labor MP was saying no it's not me, No, no, 44 00:02:27,400 --> 00:02:31,440 Speaker 2: it's not me. So there's still the aspersion and the 45 00:02:31,560 --> 00:02:35,320 Speaker 2: rumor and the taint on the reputation of all the 46 00:02:35,360 --> 00:02:38,880 Speaker 2: people in the same category. I think we should know. 47 00:02:38,880 --> 00:02:41,120 Speaker 1: Who was in the court, What can we do, what 48 00:02:41,160 --> 00:02:43,280 Speaker 1: can the mobras do? And like, if you are in 49 00:02:43,320 --> 00:02:46,320 Speaker 1: the situation where you're named in correctly, what requels do 50 00:02:46,360 --> 00:02:46,520 Speaker 1: you have? 51 00:02:47,680 --> 00:02:50,760 Speaker 2: Well, first of all, I think you say this person 52 00:02:50,880 --> 00:02:55,360 Speaker 2: is convicted. I think there's an appeal still going either 53 00:02:55,520 --> 00:03:00,040 Speaker 2: by you people or by the crown that's going on 54 00:03:00,040 --> 00:03:02,240 Speaker 2: on to the next level that the name should not 55 00:03:02,320 --> 00:03:05,320 Speaker 2: be permanently suppressed, although I am aware of some cases 56 00:03:05,320 --> 00:03:10,919 Speaker 2: that are because of some political appearance. In this case, 57 00:03:11,040 --> 00:03:13,760 Speaker 2: if the Mowbrays have a defendant, and I'm not really 58 00:03:13,840 --> 00:03:18,919 Speaker 2: sure how the concept of TikTok other social media can 59 00:03:18,960 --> 00:03:22,640 Speaker 2: be brought to bear. If there's a name associated with publication, 60 00:03:23,440 --> 00:03:27,280 Speaker 2: that's a good defamation action depending on exactly what was said. 61 00:03:27,360 --> 00:03:30,960 Speaker 1: Bill, Appreciate your time, Bill Hodge retired law provisa. For 62 00:03:31,080 --> 00:03:34,720 Speaker 1: more familiar edition with Ryan Bridge, listen live to news Talks. 63 00:03:34,760 --> 00:03:38,040 Speaker 1: It'd be from five am weekdays, or follow the podcast 64 00:03:38,080 --> 00:03:38,960 Speaker 1: on iHeartRadio.