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Blame the Bot: an Assesment of Liability for Artificial Intelligence Defamation in New Zealand
No full textArtificial intelligence (AI) defamation claims are appearing across common law jurisdictions, namely in the USA, Australia and Ireland. In the wake of these claims, it is worth assessing how a court would respond if a similar case arose in New Zealand. This paper evaluates the liability of an AI chatbot for defamation under New Zealand's law. Key issues are whether AI chatbots are publishers, whether any defences apply and whether harm is “more than minor.” On analysis, it is likely a plaintiff will succeed in proving defamation so long as they surpass the harm threshold. However, it is likely that in many instances, harm will be less than minor due to a lack of widespread publication. Following an assessment of liability, this paper then considers whether New Zealand should take any alternative action to respond to defamation harms caused by chatbots. An assessment of responses in the UK and the EU finds that Europe has not turned their mind to defamation harms. Alternative preventative methods to harm, such as stronger disclaimers or changes to the code provide options to manage harm but fail to balance to rights of AI firms. As New Zealand favours the innovation and use of AI, this paper concludes the best response to defamation harms is to use the courts as a mechanism for redress, as opposed to any regulatory or legislative amendment. The "more than minor" harm threshold bars trivial claims while allowing redress for the most serious cases
Deep-Sea Mining and the ISA: A Way to Move Forward
No full textThis paper examines the escalating demand for deep-sea minerals and the complex regulatory landscape surrounding the International Seabed Authority (ISA) in managing deep-sea mining within the “Area” as defined by the United Nations Convention on the Law of the Sea (UNCLOS). Despite efforts to finalise the Mining Code, political gridlocks and scientific uncertainties hinder effective governance, raising concerns about environmental risks and equitable benefit-sharing. The paper explores the legal and ethical implications of framing the ISA’s role through a “planetary trust” model, advocating for a fiduciary approach that integrates intergenerational equity, stewardship, and transparency. By adopting such a framework, the ISA could navigate its dual mandate—resource development and environmental protection—more effectively. The study argues for reformative mechanisms, including enhanced precautionary measures, adaptive legal obligations, and collaborative governance, to overcome the regulatory stalemate and achieve sustainable deep-sea resource management aligned with global environmental objectives
Civil Disobedience and Government Whistleblowing
No full textThe past 20 years have seen a significant increase in individuals disclosing, without authority, state secrets to the public. These individuals have been labelled “government whistleblowers”. Government whistleblowers do not follow proper whistleblowing processes. Therefore, government whistleblowers are frequently subject to harsh legal penalties. A few government whistleblowers have argued that their disclosures are, in fact, acts of civil disobedience. Based on these claims, this essay examines four questions. Firstly, is there such a thing as a government whistleblower? Secondly, can government whistleblowing be morally justified? Thirdly, is government whistleblowing an act of civil disobedience? Fourthly, if government whistleblowing is an act of civil disobedience, what are the implications for the treatment of government whistleblowers? The essay finds that government whistleblowing is morally justifiable in certain circumstances and has independent value compared to other forms of whistleblowing. Then, it finds that government whistleblowing can be construed as Rawlsian civil disobedience if a revisionist approach is taken to Rawls’ definition in this context. Finally, the essay makes three suggestions for public and legal treatment of government whistleblowers. These are improved media representation, an opportunity for an open jury trial, and the motives of the government whistleblower are considered as mitigating factor during sentencing
A coal phase-out treaty: the normative and legal impetus
No full textInternational environmental law is failing to address contemporary challenges. In particular, within the climate change regime there is a stagnation in addressing fossil fuel phase-out. The state of international environmental law reflects the shortcomings within the normative and legal environment which prevent meaningful environmental action. This paper addresses the prospects for a coal phase-out treaty through challenging the normative and legal environment. First, the paper proposes building a strong normative basis for a coal phase-out treaty rather than focusing on consensus-based decision-making. A stringent phase-out target, by 2031 (for OECD countries, Eastern Europe and the former Soviet Union with staggered phase-outs for the rest of the world’s regions), led by the most vulnerable states allows for a change in the national interest focused environment. Second, the no-harm rule is proposed as the legal basis. Shaping the no-harm rule to apply to GHG emissions gives the treaty a basis in something more concrete than subjective political and moral considerations. At the same time, the no-harm rule itself can develop as the treaty changes state practice. Finally, the paper assesses how a coal phase-out may be implemented, and how a coal phase-out treaty can overcome normative barriers and the foster political will required to take the legal measures necessary for phase-out
