Wellington - A New Zealand judge, who is an expert on internet law, made an unprecedented ruling Monday banning publication of the names of two men on a murder charge on news websites, saying he was "concerned about the viral effect of digital publication."Judge David Harvey said the names could be published in newspapers and on radio and television news bulletins, but he was concerned about people being able to Google someone's name "and being able to access it later."
Legal experts said the ruling was unprecedented and Sir Geoffrey Palmer, a former justice minister and now president of the Law Commission, which is investigating the practice of judges' suppressing publication of defendants' names, dubbed it a "very interesting development from the point of view of our project."
He was quoted in a news report as saying that he had never heard of such an order, but suspected it was to do with the huge rise of "Googling," which jurors could potentially do at home on nights of a trial.
And Ursula Cheer, a University of Canterbury lecturer and media law expert, told Radio New Zealand the judge's restriction was "absolutely extraordinary" and she did not believe internet publication of the names would be any more detrimental to the defendants than ordinary print publication.
The Stuff.co.nz and New Zealand Herald news websites said they were seeking legal opinions on the suppression order.
Two unemployed men, aged 21 and 23, charged with murdering a 14-year-old boy at a birthday party at his home in Auckland on August 12, were remanded in custody until Friday when they appeared before the judge.
Media commentator Russell Brown told TV3 that the ruling was unusual, adding, "A point that needs making is that Judge Harvey is no mug when it comes to the internet. He has written a text book on cyber-law in New Zealand.
"On a technical level he probably knows more about the internet than any other judge in the country."
