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Court-Backed Gag Order In McSkimming Case Deepens Concerns For Public Discourse And Institutional Trust

News that the Former Deputy Police Commissioner obtained a ‘super injunction’ (now partially lifted) restricting press from reporting on allegedly inappropriate use of his work computer is of great concern for public discourse and institutional trust says Stephen Franks,Free Speech Union Council Member. 

“It’s emerged that on Friday, McSkimming received a rare ‘super injunction’ that prohibited media not only from reporting on the allegedly objectionable material found on his work computer, but also the fact he’d sought the injunction.

“This was an outrageous decision by the High Court. An individual’s wish for secrecy must not come at the cost of public confidence in an open and transparent justice system. 

“Free speech ensures that the media can report on cases like McSkimming’s, and that the public can scrutinise the actions of officials and decide for themselves whether that conduct is unacceptable or not. Without being free to discuss these matters of public interest, the media, public, and watchdogs lose the ability to assess if and how systems within the Police force failed and if reforms are needed.

“Just last week, we welcomed an IPCA report that found the Police had lied about the details of an unlawful arrest of a protester. And now, we have the High Court issuing a gag order to restrict reporting on a different case related to Police conduct.

“A service we can’t trust, coupled with gag orders by the High Court, is a disaster-in-waiting. Transparency and the ability to discuss the conduct of our officials is essential if New Zealand is to trust its key institutions. 

“The High Court should be defending Kiwis’ rights to seek, receive and impart information, not limiting it, especially when it’s related to how Police are using public time and resources.” 

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