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The Christchurch
Civic Creche Case |
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Radio New Zealand has
lost an appeal against a Broadcasting Standards Authority ruling that it say
sorry to convicted child molester Peter Ellis. The broadcaster
appealed against the ruling, saying that to be ordered to say sorry, when it
was not, amounted to dishonesty. The order for an
apology and publication of a summary of the authority's decision in four
major daily newspapers was the result of finding that National Radio's Nine
to Noon programme in August 2003 was not fair and balanced. The programme aired an
interview in which a man made new allegations against Mr Ellis. The authority ordered
not only the apology and published summaries, but that Radio NZ pay $5300
costs to Mr Ellis and $5000 to the Crown. Radio NZ accepted the finding that
the story lacked fairness and balance but objected to the order to say sorry.
Lawyer Peter McKnight
argued the authority went beyond what Mr Ellis asked it to do, without
telling the parties what it was considering. He said an apology could
prejudice its defence to possible defamation action and that the authority
did not have a right to order a broadcaster to publish an apology. However, Justice
Randerson and Justice Miller disagreed that there was "something
abhorrent" about ordering a broadcaster to apologise. The decision said the
authority was within its rights to order an apology and dismissed the appeal.
The court ordered Radio NZ pay costs to the authority and Mr Ellis. Mr Ellis' lawyer Judith
Ablett-Kerr earlier said the broadcaster should be prepared to acknowledge it
was wrong. |
