Ben Polkinghorne against the Herald on Sunday
Case Number: 3702
Council Meeting: 3 February 2025
Decision: Not Upheld
Publication: Herald On Sunday
Principle: Corrections
Ruling Categories: Apology and Correction Sought
Overview
1. Ben Polkinghorne complains about the on-line story published by the Herald on 27 October 2024 Philip Polkinghorne’s meth purchase: Dealer supplied $14,000 worth of drugs, then tried to blackmail eye surgeon after Pauline Hanna’s death and the print copy of the same day Drugs blackmail plot revealed citing an inaccuracy in the date of a text message. The complaint is not upheld.
The Article
2. The articles provide details of Philip Polkinghorne’s methamphetamine purchases and drugs charges. It includes quotes from the dealer who sold him meth and their attempts to blackmail him after it was reported he was being investigated for his wife’s murder. Also included are quotes from Madison Ashton (Philip’s former lover and sex worker) including reference to a text she sent Philip’s son Ben stating that she thought Philip was taking too many drugs.
The Complaint
3. Ben Polkinghorne complains that the story states the text he received from Ashton was sent in 2018 when it was actually sent in 2021. He writes that the erroneous date of the text “makes it sound like a) I knew my Dad was involved with a prostitute and b) that he was 'smashing P' before my step Mum Pauline died, and for many years.”
4. The Herald on Sunday apologised, corrected the story online and published a correction in its next edition. The complaint was received on Labour Day, 28 October and the correction published on 30 October.
5. Polkinghorne is not happy with the correction as he states that more people would have seen the original article, and it damages his reputation.
The Response
6. The Herald on Sunday states that their story of October 27, regrettably, said the text was sent in 2018 instead of 2021.
7. When they received Ben Polkinghorne's initial complaint on Labour Day (Monday, October 28), the reporter contacted Madison Ashton, who is not based in New Zealand, to double-check the date the text was sent.
8. When they received confirmation of their error, they corrected the story online at midday on Wednesday October 30. The date was changed to say 2021, and a line put at the bottom of the story advising of the error: “An earlier version of this story incorrectly stated texts from Madison Ashton were sent to Ben Polkinghorne in 2018. That date has now been corrected to 2021.”
9. A print correction was also published in the Herald on Sunday on November 3 as it their standard practice to correct stories in the same publication where they were made.
10. The Herald on Sunday also states that the story made no criticism of Ben Polkinghorne, and the incorrect date would have not led readers to form negative views of him. The message was published to convey Ashton's level of concern over Philip Polkinghorne's methamphetamine use.
11. They also argue that Ashton (who was in a relationship in Polkinghorne from 2017 to 2021) has claimed on multiple occasions that she believed Philip Polkinghorne developed a serious drug habit sometime in 2018. This has never been contested by Philip Polkinghorne. The Herald has previously reported that Ashton was present the first time he smoked the drug. Again, this has never been contested by Philip Polkinghorne.
12. Given that Ben Polkinghorne said he was not satisfied with the response to his complaint (the online correction and print correction), the Herald asked what further relief would satisfy his complaint, but he did not specify what that would be.
The Discussion
13. Media Council Principle 12 states that significant errors should be promptly corrected with fair prominence and in some circumstances, it will be appropriate to offer an apology.
14. While the Media Council understands the error has caused the complainant some distress, in the context of the article it is a relatively minor error. The reference to the text can be seen as a minor detail. Readers would likely be more focused on the substance of the article.
15. The Herald on Sunday sought to quickly verify its error and corrected it in a suitably prominent way. They have also offered the opportunity for the complainant to suggest further options for relief.
Decision: The complaint is not upheld.