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Portia Mao defeats gag order in landmark free speech case

“The HDCA... has been weaponised now in a number of cases to silence dissent.”

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Summarised by Centrist

Portia Mao, a Kiwi-Chinese journalist who was silenced under the Harmful Digital Communications Act (HDCA) after exposing Chinese Communist Party interference in New Zealand, has won her case. 

The court has discharged the gag order, in what the Free Speech Union, who backed the case, calls a “huge victory” for free expression.

The original interim orders, issued without notice, forced Mao to delete online commentary and apologise to Morgan Zhihong Xiao – an individual the Free Speech Union described as a “CCP stooge.” 

Mao successfully argued to have the orders overturned.

Judge McIlraith ruled in her favour and warned against the misuse of legal tools to suppress political criticism. 

“The HDCA, while created with good intentions, has been weaponised now in a number of cases to silence dissent,” said Jonathan Ayling, CEO of the Free Speech Union. “This result is the best outcome to protect all Kiwis’ rights to seek, receive, and impart information.”

The Free Speech Union announced it is launching a full review of all HDCA decisions and will present its findings to the Minister of Justice.

Read more over at FSU NZ

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