section 92A 'Guilt upon Accusation' law




This was one issue I followed most avidly specifically because it concerned 'me, you and all of us' as users of the internet who have engaged in illegal downloads at some point in their life. But most peculiar was how the section in question completely ignored the fundamental tenets of law procedure, most importantly that of presumption of innocence (innocent until proven guilty) and the right to a fair trial. Guilt by association law completely does away with those archaic formalities as the video above outlines.

If anything, it seems intent on repeating the Tenebaum saga: they want to threaten the mass, by making an example of a few. Not only is such a practice "draconian" but also giving the ISP's which stand for the corporate carte blanche to accuse citizens is just not fair.

As a law student, I recognize that illegal downloading is not right. But I do it because I have an urge to listen to my favorite music as it comes, rather than waiting weeks for it to get to the market. But once they are out, I do buy them having an affinity for originals. Perhaps if the NZ music market was on par with the American or European ones I would not have had to resort to such "criminal" means. The onus then is on the record companies here, don't you think?

Instead of reworking draconian laws that are biased in favor of the economic powers-that-be no matter how many times they have been refashioned, New Zealand should work with the entertainment industries to keep up with the real-time demands of the kiwi music lovers which has hitherto been satisfied most clearly only by downloading illegally.

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