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The Christchurch Civic
Creche Case |
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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 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. 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 that
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 it's
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. “As an expression of contrition,
an apology is also remedial in nature, and a natural consequence of findings
of that kind.” The decision said the authority
was within it's rights to order an apology and dismissed the appeal. The
court ordered that Radio NZ pay costs to the authority and Mr Ellis. 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. |
