Name suppression: What is it and why do people get it?

Suppression orders mean information is withheld from the public, which can cause controversy.

But what exactly is a suppression order and why do we have them?

Name suppression in New Zealand is when someone's name or identity is kept secret by the court. It's usually done to protect the person's privacy or to ensure a fair trial.

This means the media and the public can't publish or share that person's name. That includes sharing a name in a private text message, oral communication, or on any online platform.

It's also illegal for a defendant to breach their own name suppression. That means they can't tell anybody it is their name that is suppressed.

Criminal defence lawyer KC Marie Dyhrberg says name suppression applies as soon as a judge makes the order in court. It can be either interim or permanent.

Generally, a name suppression can be "not opposed", which means police and the defence agree the suppression should apply.

Automatic name suppression can also apply in certain circumstances. This includes protecting witnesses and complainants who are under the age of 18. It also applies to defendants and complainants where certain sexual offences are alleged.

Permanent suppressions can be quite rare. A complainant in a case alleging sexual violation gets permanent name suppression unless a court orders that their name can be published.

This generally only happens when a complainant says they do not want their name kept secret. This could be if the complainant wants to share their story. They must still apply to the court for a judge to decide whether to waive the name suppression.

However victim advocate Ruth Money says there are a number of cases where victims have opposed the defendant's interim and permanent suppression and "remain disappointed that the court has awarded suppression after hearing all the legal arguments".

"Equally when a defendant’s name is not suppressed, it allows police to investigate thoroughly and other survivors choose to come forward and disclose because they don’t feel so alone", Money said.

Anyone who publishes a suppressed name on social media would be brought before the court, Dyhrberg says.

But the difficulty with social media is trying to find the person responsible. Even if that person is found, it's still very hard to prove they are responsible. For example, if someone lives in a flat of five people and claims they all could access their social media, it's difficult for police to prove anything.

The laws are, however, only applicable in New Zealand. This means you could travel to another country and publish the name without getting into trouble

It also means international media can publish names that are suppressed in New Zealand. For example, Grace Millane's murderer had name suppression so New Zealand media couldn't report who he was for some time, but overseas media were able to.

If you breach name suppression and are caught, you could face up to six months' prison. If it wasn't done knowingly or recklessly, then you could face a fine of up to $25,000.

It's a common misconception that wealthy or high-profile people get name suppression easier than others, Dyhrberg says.

According to the law, you cannot get name suppression just because you are a top sports person for example, she said. Defendants have to be able to show that they're high profile and that they will suffer extreme hardship if their name isn't kept secret.

If a famous rugby player is facing charges, for example, they may argue they'll face financial hardship from loss of employment.

Where a person works can also be taken into consideration when applying for name suppression, Dyhrberg said.

For example, someone may get name suppression if they work for a large accounting firm and are charged with serious dishonesty, as this may bring undue hardship to that company.

However Money says in her experience, wealthy and high-profile people are able to afford KC’s and good lawyers.

"So [they] are more likely to get name suppression, or at least appeal it through the many levels of court which can see the defendant benefit from interim name suppression for years."