A Christchurch general practitioner who was widely criticised on social media in recent days after being labelled a convicted rapist has, in fact, been acquitted of all charges following a successful appeal, highlighting growing concerns about misinformation and online vigilantism.
According to a report by Jake Kenny of Stuff, the doctor was convicted in 2008 of raping a schoolgirl in the 1990s and sentenced to seven years in prison.
At the time, the sentencing judge told him, “Your career is over,” while noting that the New Zealand Medical Council had suspended him from the medical register. Public records and media coverage from that period appeared to confirm that his medical career had come to an end.
However, the case resurfaced more than a decade later after social media posts claimed the doctor was a convicted rapist now practising at a Christchurch medical centre. The posts sparked outrage among patients and the wider community, prompting complaints and calls for investigation.
The medical centre was inundated with online backlash, and concerned members of the public contacted media outlets seeking clarification.
Further investigation revealed that the publicly available information was outdated. The doctor’s lawyer, who was quoted in reporting at the time of sentencing, had said his client maintained his innocence and would appeal.
When contacted recently, the lawyer confirmed the appeal was successful: the rape conviction was quashed, a retrial was ordered, and the doctor was subsequently found not guilty and acquitted, Jake Kenny of Stuff has reported.
The lawyer said the retrial took place in Dunedin but was not reported by mainstream media, leaving the original conviction as the dominant public record. As a result, social media users relied on incomplete and incorrect information, publicly identifying the doctor as a convicted sex offender.
Media law expert Ursula Cheer said the case illustrated the dangers of spreading unverified information online. “That is the risk for them. If you are publishing that someone is guilty of a serious crime and you are wrong, you are defaming them,” she said. “You will be hard pushed to find a defence for that,” as quoted by Stuff.
Cheer noted that while journalists are trained to verify facts, ordinary social media users often are not. She said the problem has been exacerbated by an increase in suppression breaches in high-profile cases and the difficulty of enforcing those breaches online.
In response to the backlash, the medical centre employing the doctor issued a statement saying: “[The medical centre] is aware of online commentary regarding one of our doctors in relation to a historic case in which he was acquitted of all charges,” Stuff has quoted.
The spokesperson said checks were completed prior to his employment, including a police check that returned no results and confirmation of his current registration to practise.
“We acknowledge the seriousness of the concerns raised and want to reassure patients that patient safety is always paramount, and that all appropriate checks and processes were followed in his employment and identified no issues,” Jake Kenny of Stuff has reported.
Despite efforts by community group moderators to remove posts, misinformation continues to circulate. Some online searches still return removed posts and abusive comments, including labelling the doctor a “paedophile”.
“It affects the person personally,” Cheer said. “It is upsetting. But the main thing is their ability to earn a living in their job. The court system has said he has done nothing wrong. He is entitled to work. And it is better for society if he does,” Jake Kenny of Stuff has reported.
Cheer said the doctor could pursue defamation action against those who posted false claims, although that would require significant time, money and emotional energy. She added that while the Harmful Digital Communications Act could apply, proving deliberate intent to cause harm may be difficult.
Instead of new criminal laws, Cheer argued there should be greater emphasis on education and digital responsibility. “Get them off social media, teach them how to be responsible, and hopefully, as they grow up, this hopefully will help to stop this passing on of wrong, bad information,” she said, as quoted by Stuff.
As social media use continues to grow, Cheer warned that similar cases are likely to become more common. Social media companies have been approached for comment.
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