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Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Prohibiting publication of false statements about Judge or court, and power to make take-down orders

24: Power to make take-down order

You could also call this:

"The Court can order fake or harmful information about Judges or courts to be removed from the internet."

Illustration for Contempt of Court Act 2019

The High Court can make an order to take down information if the Solicitor-General asks them to. This can happen if the Court thinks someone has published a false statement about a Judge or court, and that this statement could undermine public confidence in the judiciary. You might see this happen if someone posts something online that is not true and could damage people's trust in the courts.

If the Court makes an order, it can tell anyone, including online content hosts, to take down the information or stop people from accessing it. The Court can make a temporary order, called an interim order, if they think there is a good chance that the statement is false and could cause harm.

The interim order will expire if the Solicitor-General does not ask for a permanent order within 20 working days, as defined in section 5 of the Criminal Procedure Act 2011. It will also expire if the application for a permanent order is declined, withdrawn, or lapses, or if a permanent order is made.

The Court can make a permanent order if they are satisfied that the person has published a false statement and that it could undermine public confidence in the judiciary. This means that the Court can order someone to take down information permanently if they think it is false and could cause harm to the courts' reputation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS155962.

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Part 2Provisions to promote and facilitate administration of justice
Prohibiting publication of false statements about Judge or court, and power to make take-down orders

24Power to make take-down order

  1. On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (2), order any person (including an online content host) to take down, or disable public access to, the information concerned if it is under the person’s control.

  2. The court may make an order under subsection (1) (an interim order) if satisfied on the balance of probabilities that there is an arguable case that—

  3. the person has published a false statement about a Judge or court; and
    1. there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.

      1. An interim order expires if—

      2. an application for a permanent order is not made within 20 working days (as defined in section 5 of the Criminal Procedure Act 2011); or
        1. an application for a permanent order is made within that period, but the application—
          1. is declined; or
            1. is withdrawn or otherwise lapses; or
            2. a permanent order is made.

              1. On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (5), order any person (including an online content host) to take down, or disable public access to, the information concerned if it is under the person’s control.

              2. The court may make an order under subsection (4) (a permanent order) if satisfied on the balance of probabilities that—

              3. the person has published a false statement about a Judge or court; and
                1. there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.