district court logo

Richmond v Flutey [2022] NZDC 22381

Published 02 February 2023

Application for orders — harmful digital communications — defamatory comments — New Zealand Bill of Rights Act 1990 — Harmful Digital Communications Act 2015, ss 4, 6, 12 & 19. The plaintiff applied for orders against the defendant that he remove certain digital communications, cease posting similar communications, not encourage others to post similar communications, and post a correction and an apology. The parties were activists who had participated in protests together before having a difference of opinion that led to the defendant making various accusations against the plaintiff on social media. After investigating, Netsafe determined that the defendant's communications had been threatening and menacing, had been used to harass the plaintiff, and contained false allegations. Subsequently the plaintiff applied to the Court and obtained interim orders. The current proceedings were to determine if these orders were to be finalised. The plaintiff's case centred on the defendant's allegations that she was a "grifter" who had defrauded those who made donations to causes that she advocated. The Court found these allegations false and defamatory, as were other allegations that the plaintiff had been trespassed from a protest site. Likewise, a message from the defendant to the plaintiff saying that he would "wipe" her "out" of future protests was a clear threat. The Court found that what the defendant had said was not protected free speech. The Court made orders that the defendant take down posts relating to the plaintiff, that he not make any further such posts, and that he not encourage others to do so. Judgment Date: 29 November 2022.

Tags