The Christchurch Civic Creche Case


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NZ Herald
September 16 2005

RNZ must say sorry to Ellis
NZPA

Radio New Zealand has lost an appeal against a Broadcasting Standards Authority ruling that it apologise to convicted child molester Peter Ellis.

Radio NZ had argued that an apology was a voluntary expression of contrition and 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. A man interviewed on the programme had made new allegations against Mr Ellis.

Radio NZ also had to pay Mr Ellis $5300 costs and $5000 to the Crown. It accepted the finding that the story lacked fairness and balance but objected to apologising.

Justice Tony Randerson and Justice Forrest Miller disagreed that there was "something abhorrent" about ordering a broadcaster to apologise. "As an expression of contrition, an apology is also remedial in nature, and a natural consequence of findings of that kind."