In brief:
- Private media can write whatever stories they want but must follow defamation laws.
- If you discredit the messenger by resorting to “facts” you can’t substantiate, that crosses a legal line because you have damaged that person’s reputation.
- Centrist supported Chantelle Baker’s defamation suit against The NZ Herald and Kate Hannah, of The Disinformation Project.
- The suit was settled by the Herald implicitly agreeing they couldn’t rely on Kate Hannah’s partisan critique as expert opinion.
- Centrist is supporting ongoing cases against TVNZ, Stuff and The Disinformation Project.
The role of free speech in media
At Centrist, we strongly believe in the right to free speech, even when the views expressed don’t align with our own. However, with this freedom comes responsibility. Just as it’s dangerous to falsely yell ‘fire’ in a crowded theatre, speech can cause real harm if misused. That’s why we believe accountability is essential — including the boundaries set by defamation laws.
It’s not illegal to criticise or express a negative opinion, as long as what is said is true or clearly presented as opinion with reasonable support. But defaming someone to win is a form of cheating in the argument.This is why we support legal cases pushing back.
Centrist’s support for Chantelle Baker’s defamation suit
In this spirit, Centrist backed a defamation lawsuit for Chantelle Baker, a citizen journalist who rose to prominence during the COVID protests.
The lawsuit, filed against The NZ Herald and Kate Hannah of The Disinformation Project, centred around statements of Hannah’s claiming Baker was part of the “NZ Disinformation Dozen” and labelling her a “useful idiot.”
These claims, which relied heavily on self-proclaimed expertise, were the focal point of Baker’s legal challenge. Ultimately, The Herald agreed to retract the disputed statements, issue an apology, and make a payment to Baker.
We consider that to be an admission Kate Hannah is not an expert whose opinion is above defamation laws.
The apology can be found at the end of the revised article. It reads:
On 9 April 2023 the Herald published an article about Chantelle Baker, a host on Reality Check Radio. Ms Baker considered that the article contained damaging and untrue statements about her. The Herald has agreed to amend the article. The Herald regrets any distress experienced by Ms Baker as a result of the publication of the article.
Though the settlement amount remains confidential, it was significant.
A battle won, but the war continues
Centrist remains committed to supporting other defamation cases, including Julian Batchelor’s lawsuit against TVNZ and Sanjana Hattotuwa. Batchelor, who leads the Stop Co-Governance group, is suing over comments made by Hattotuwa, who called him a racist on the 6 o’clock news.
Additionally, Chantelle Baker is pursuing more legal action, this time regarding her portrayal in Fire and Fury, a documentary produced by Stuff and funded by NZ on Air.
We believe both Batchelor and Baker deserve the right to express their views without being defamed, regardless of whether we agree with their positions.