You Can’t Print That! Suicide Reporting and the Law

Abstract

Since the publication of the Sorrows of Young Werther in 1774, concerns have existed about the potential for media to cause further suicides. In response to those concerns, New Zealand’s Coroners Acts have prohibited the publication of details surrounding individual suicides since 1951. However, those restrictions were narrowed by the Coroners Amendment Act 2016. Now, only publication of information on the method of death and a premature description of a death as a suicide are prohibited, although it is possible to obtain an exemption. This thesis examines whether research into suicide contagion justifies the restrictions in s 71 of the Coroners Act 2006 are justified, and whether the exemption regime in s 71A of the Coroners Act strikes a balance between competing freedom of expression, prevention of harm, and the interests of the whānau of the deceased. Ultimately, I conclude that while the restrictions in s 71 of the Coroners Act are justified, they restrict freedom of expression more than is necessary, and their scope is unclear, which results in unnecessary criminalisation.