Free Speech Union condemns mafia-esque police threats to prosecute Stuff

Free Speech Union condemns mafia-esque police threats to prosecute Stuff

The Free Speech Union is appalled that New Zealand Police threatened legal action against Stuff Ltd for publishing audio recordings linked to the case of Tom Phillips. The fact that police contemplated prosecution for the mere act of reporting, and then chose to hold the sword of Damocles above Stuff’s head, is deeply concerning and strikes at the heart of democratic accountability, says Jillaine Heather, Chief Executive of the Free Speech Union.

“These recordings did not impinge on the existing suppression orders related to the case. In this instance, Stuff published audio captured from publicly accessible radio frequencies used by police in the final chase of Tom Phillips; a matter of clear and pressing public interest.

“By dangling potential prosecution, Police sent a deliberate and ominous signal that factual reporting, even when drawn from public sources, may be subject to criminal sanction. This is profoundly chilling for press freedom.

“While Police ultimately opted not to prosecute, their decision to take the mafia-esque tactic of ‘we are sparing you this time, but don’t step out of line again’ is deeply alarming. It is intimidatory and intended to suppress action that Stuff, and the Free Speech Union, contend is lawful.

“The story of Tom Phillips and surrounding events has been one of major public significance. There are already significant suppression orders in place, and the New Zealand public is entitled to a free press that reports on state action without fear of legal reprisal.

“The Free Speech Union calls on NZ Police to clarify why prosecution of the media was considered, assure the public these threats will not recur, review internal policies to prevent lawful reporting being treated as a crime, and ensure transparent oversight of decisions affecting media so that coercive powers of the state are not used to suppress legitimate journalism.

“If authorities can use the criminal law as a sword to silence coverage, or to intimidate publishers into silence, the consequences for democracy are serious.”