8 April 2013
For immediate release

Name suppression protects victims and family members

JustSpeak is concerned at the recent sensationalist treatment of name suppression and sexual offending.

The Human Rights Commission has been facing criticism for their decision to prosecute the Sensible Sentencing Trust for publicising personal details of an individual convicted of sexual assault against two children.

JustSpeak believes it is important to clarify why we have name suppression in New Zealand, and why it is important to protect it.

“It is misleading to suggest that name suppression is merely granted in the interests of the accused. Often, name suppression is granted to protect victims” says JustSpeak Spokesperson Danielle Kelly.
“Publishing an accused's name can enable the public to identify the victim, particularly if the accused is a family member. This can breach the victim’s right to privacy and cause further emotional trauma. Suppression may also be granted to protect the accused’s innocent family and associates. The harm caused by publishing an accused’s name can be far-reaching.”

“Other reasons for granting name suppression include to protect the safety of any person and to avoid prejudicing the right to a fair trial. Name suppression is not only granted to those who are convicted of offences, but also to those who are charged and found not guilty.”

JustSpeak acknowledges that there are competing rights and interests at play, particularly the right of the wider community to an open and transparent justice system. Nonetheless, it is important that this area of the law strikes a balance between open justice and the rights of victims and other individuals associated with the proceedings. This area of the law was reformed as recently as 2011, informed by numerous public submissions.

“Publishing the name of an accused who has been granted name suppression arrogantly stands in the face of the court’s decision, based on all the relevant facts and circumstances, that there is a sound basis for suppression” says JustSpeak Spokesperson Danielle Kelly.

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