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Presented by Rick Shera To Parents Online NZ Blogcamp On 3 August 2013 #BloggerLaw.

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Presentation on theme: "Presented by Rick Shera To Parents Online NZ Blogcamp On 3 August 2013 #BloggerLaw."— Presentation transcript:

1 Presented by Rick Shera To Parents Online NZ Blogcamp On 3 August 2013 #BloggerLaw

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5 Copyright infringing Defamatory Objectionable Criminal Code breaching

6 s92C Copyright Act 1994 The Internet service provider does not infringe copyright in the work by storing the material unless (a) the Internet service provider (i) knows or has reason to believe that the material infringes copyright in the work; and (ii) does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it

7 s21 Defamation Act 1992 Innocent dissemination In any proceedings for defamation against any person who has published the matter that is the subject of the proceedings solely in the capacity of, or as the employee or agent of, a processor or a distributor, it is a defence if that person alleges and proves (a) that that person did not know that the matter contained the material that is alleged to be defamatory; and (b) that that person did not know that the matter was of a character likely to contain material of a defamatory nature ; and (c) that that person's lack of knowledge was not due to any negligence on that person's part.

8 s122 Films, Videos, and Publications Classification Act 1993 … a person does not distribute a publication unless the person (a) intends, or knows of, the act of distribution; and (b) knows what, in general terms, the publication is or contains.

9 S66 Crimes Act Parties to offences (1) Every one is a party to and guilty of an offence who (a) actually commits the offence; or (b) does or omits an act for the purpose of aiding any person to commit the offence; or (c) abets any person in the commission of the offence; or (d) incites, counsels, or procures any person to commit the offence.

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11 but is it art?

12 but is it art? advertising?

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14 Lowndes Jordan, Barristers + Solicitors, Level 15, PWC Tower, 188 Quay Street Auckland, New Zealand. p Rick Shera Partner LOWNDES JORDAN | | |


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