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Otago Daily Times
September 16 2005.

Radio NZ loses Ellis apology appeal
NZPA

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

Radio NZ appealed against the ruling saying 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.

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 story lacked fairness and balance but objected to the order to say sorry.

However, Justice Randerson and Justice 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.”

Mr Ellis’ lawyer Judith Ablett-Kerr earlier said Radio NZ was acting like a child in a playground refusing to say sorry. She said it should be prepared acknowledge it was wrong.