N.P.A. wants provisions in bill widened

Press, 20 February 1986, Page 39

N.P.A. wants provisions in bill widened

PA Wellington The Newspaper Publishers’ Association wants defence provisions for publishers in the Fair Trading Bill widened to include creative input from advertising staff, said the N.P.A. executive director, Mr Patrick Greene.

Presenting a submission on the bill to Parliament’s Commerce and Marketing Select Committee, Mr Greene said publishers were concerned that defence provisions in the legislation did not go far enough.

The bill bans misleading or deceptive conduct in trade, false representation of goods, services, land and employment opportunities and certain unfair practices.

Mr Greene said Clause 39 (4) of the bill provided a publisher’s defence to either criminal or civil actions for persons. • Who received an advertisment in the ordinary course of their business; or

• Who had no reason to know the publication of the advertisment could contravene the law. He said that in reality advertising staff helped

create advertisements, “In situations like that they have done more than actually receive the advertisment,” Mr Greene said. x He said that under Section 39 (1) of the bill there was a defence for . that type of situation in - criminal proceedings. “We need that similar type of defence available for civil proceedings,” he .• said. Mr Greene said that in Australia an amendment to the bill’s counterpart had been made to ensure that the legislation did not apply to editorial opinion. “What has happened in J Australia is that they have . amended their counter- ’ part to this bill to allow the newspapers to carry out their normal business of publishing opinion." He said that before the law was changed in Australia, actions were taken against motoring columns, restaurant reviews, and film reviews. “Actions were taken in ; Australia on the basis that the reports were misleading or deceptive," Mr ; Greene said. New Zealand publishers could not accept a repeat - > of such a situation.