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Huge Victory For Free Speech: Journalist Gagged For Exposing Chinese Communist Party Interference In NZ Wins Court Case
Portia Mao, a Kiwi-Chinese journalist who was gagged under the Harmful Digital Communications Act (HDCA) for exposing foreign interference in New Zealand, has won her court case with the Free Speech Union’s help. This is a major victory, not just for Portia, but for all Kiwis’ speech rights, says Jonathan Ayling, Chief Executive of the Free Speech Union.
“We’re thrilled that Portia Mao, represented by the Free Speech Union, has won her court case and is no longer gagged by New Zealand law after calling out the Chinese Communist Party's overreach in New Zealand. This is excellent news for all Kiwis.
“CCP stooge, Morgan Zhihong Xiao, sought interim orders under the HDCA against Portia Mao, alleging online defamation and harassment. The initial orders (granted without notice!) required Portia to remove online commentary and apologise. With the FSU’s representation, Portia applied to be heard and have the orders discharged. Judge McIlraith ruled in Portia’s favour.
“The Court also rightly warned against weaponising legal tools to silence criticism, especially in political debate. The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent.
“Portia’s victory is a huge step in pushing back on this flawed law. It was also essential for ensuring criticising foreign powers remains a legal right in New Zealand. If governments, foreign or not, can twist our own law to stop us from exposing them, then we are not free.
“The Free Speech Union is embarking on extensive work to thoroughly review the HDCA, analysing all decisions ever made under it, and will present this to the Minister of Justice later in the year. We cannot stand by while individuals like Portia are unjustly silenced.
“When a brave journalist is gagged for putting their neck on the line in our country, alarm bells should ring. Portia’s victory was made possible by the thousands of Kiwis who support our work, and this result is the best outcome to protect all Kiwis’ rights to seek, receive, and impart information.”
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