The New Zealand High Court recently permitted live streaming of an extradition hearing: Ortmann & Dotcom v The United States of America [2016] NZHC 2043.

The six-week hearing, in progress at the time of writing, concerns the progression of attempts to extradite Kim Dotcom and others to the United States to face various charges including conspiracy to commit copyright infringement. The charges pertain to operations of Megaupload Ltd, an internet service provider which operated as a cloud storage and file hosting website.

The Court permitted the application taking into account the In-Court Media Coverage Guidelines 2015. Justice GIlbert noted the widespread (international) public interest in the case, and stated that live streaming would "provide an opportunity for anyone to observe the proceedings by means of a virtual seat in the gallery." The Court was also influenced by the fact that the hearing is confined to the presentation of oral argument before a judge alone. So, the potential concerns about the effect on a jury, victims or witnesses did not arise. The Court also noted that live streaming was routine in some jurisdictions. Overall, the Court considered the parties rights to a fair hearing would not be impeded or compromised.

As a practical matter, the Court directed the live streaming to be delayed by twenty minutes. This will permit the streaming to be stopped if required. It was also directed that material that is the subject of a suppression order would not be live streamed.

Steve Keall
Barrister
3 September 2016