H. BORICH AGAINST NZ HERALD
Case Number: 3423
Council Meeting: 7 August 2023
Decision: Not Upheld
Publication: New Zealand Herald
Principle:
Accuracy, Fairness and Balance
Comment and Fact
Conflicts of Interest
Ruling Categories:
Discrimination
Gender
Overview
- The NZ Herald published a series of stories beginning on 13 May 2023 about dissatisfaction with the treatment of women by the Western Springs Football Club, in Auckland. The complaint was lodged under Principle (1) Accuracy, Fairness and Balance, Principle (4) Comment and Fact, and Principle (10) Conflicts of Interest. The complainant said that stories written by Bonnie Jansen were one-sided. The complaint is not upheld.
The Article
- In the first story by Bonnie Jansen, on 13 May 2023, the NZ Herald reported that Western Springs Football Club faced a mass exodus of top players after “months of disputes” with the club about inequities in the treatment of men’s and women’s teams. The story reported concerns about what some female players said was the “highly misogynistic behaviour” of the club’s predominantly male board. The women said they would often be the “last choice” for training and matches on the club’s number one field. Women received $50 a week, while they believed men were paid “nearer to $400”, they said. A letter had been sent to the board demanding equal treatment, but the letter was labelled “blackmail” and at this point the relationship deteriorated, the story said. The NZ Herald reported that, in documents they obtained, club officials said efforts had been made to support the game and there was a “significant uplift” in investment over recent years. The club declined to comment, but Northern Region Football (NRF) said they were working to resolve the breakdown.
- A raft of follow-up articles covered the developing story. A second story, later on 13 May, by a different journalist, reported the dispute was headed for mediation and that the club’s management had conceded they could have handled the dispute better. It reported the club chairman’s statement to members that the club was “completely committed to the women’s game and a long-term plan to develop the girls’ and women’s programme”. The story reported the chairman’s comment that the original NZ Herald story had incorrect facts. The story also said that under NZ Football regulations players could be paid just $150 per week.
- Other stories quoted a woman who had quit a leadership position at the club over the treatment of women, and an architect who said she was “shown the door” after presenting a proposal to change the clubhouse from a “beer-soaked boy’s bar into a family-friendly environment”. Follow-up stories included the offer from a former Football Fern to help the club build a strategy for the women’s game, postponement of a match as the dispute headed to mediation, and financial records that appeared to show that spending on the men’s premier team was double that of the women’s team. Another article covered the gender-equity requirements for funding received for the FIFA Women’s World Cup, and the fact that the club had not responded to queries from the NZ Herald about whether the targets had been met. The stories consistently recorded that the club had been contacted for comment. The NZ Herald also reported an internal club statement about the dispute, expressing the club’s support for the women’s game, and saying the club was going to mediation and would not be commenting to the media.
- The NZ Herald also published an opinion piece on 21 May by Michael Burgess headed: The other side of the story at Western Springs Football Club, which said Western Springs appeared to be an unusual target as it was one of four Auckland clubs that had spent over $100,000 per season on women’s programmes. Allegations that the women were “last choice” for the number one turf did not bear scrutiny, the journalist said. Players were limited to reimbursements of $150 per week. When he covered the Women’s National League final he had been impressed by the team’s large support entourage. Western Springs appeared to be proactive when it came to the women’s game, he said.
The Complaint
- The complainant said that the journalist who had written most of the stories had consistently presented a one-sided view. She had not attempted to verify the complaints from independent sources, nor had she reported on how other clubs were tackling women’s equality or how other clubs were progressing towards satisfying the requirements of FIFA Women’s World Cup funding. She did not report that player payments were set by NRF and Michael Burgess’s article set the record straight on claims that the women did not have access to the number one field. The article relied on quoting sources from within the women’s team and their supporters and had presented their assertions as fact.
- The reporter had also worked and played for a rival club, and she had not declared a conflict of interest.
- In their final comments, the complainant said their biggest concern was with the NZ Herald's reporting of the assertion that players in the men's team were being paid $400 per week. The reporter should have known that the rules allow for expenses of up to $150 per week. It was well known that many players supplement this income by coaching, but this was not addressed.
- The club may have had quite legitimate reasons not to comment, the complainant said. They may not have wanted to compromise the mediation process. The NZ Herald should have sought views from women volunteers who did not hold the same views as those reported. The complainant also suggested that it was unfair to single out Western Springs when it was likely that very few clubs were satisfying the FIFA funding requirement of 50 percent female committee membership. Although the NZ Herald said they were working on stories about gender representation in the governance of other clubs and codes, the complainant had not seen anything published and said “Western Springs appears to be singled out for unfair treatment.”
The Response
- The NZ Herald replied that gender equity was one of the sporting world’s biggest challenges and was particularly relevant given that New Zealand was hosting the FIFA Women’s World Cup.
- It was incorrect to say Bonnie Jansen’s stories were one-sided and that she had not attempted to verify the complaints from independent sources. For every story, Ms Jansen tried to contact the club’s board and executive by phone call, text message and email. The club only responded once (when the first story was being prepared), the NZ Herald said.
- When the club would not comment, Ms Jansen canvassed many sources including players from the club’s premier team, NZ Football and Northern Region Football, women from the club who had quit their roles over concerns, and past and present Football Ferns players.
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The piece by Michael Burgess showed the NZ Herald’s commitment to report a variety o fperspectives.
- The complainant disputed that the women’s team had less access to then umber one turf and were paid less,but these were the concerns of the players,accurately reported and the club had been asked for comment.
- The club was reluctant to engage on the issues. Once the mediation was over, the club management had the opportunity to speak about the dispute and how it was resolved, the NZ Herald said. The club had apologised for “failures in communication and understanding that contributed to the situation.”
- Re: Principle (4) Comment and Fact, care had been taken to distinguish between news reporting and comment. Michael Burgess’s story, which the complainant approved of, was labelled comment, the NZ Herald noted.
- The NZ Herald also rejected the complaint that Ms Jansen had a conflict of interest because she previously had a casual role with a rival club and played for them socially. It did not affect her ability to report objectively, and her coverage had been fair and impartial.
- The complainant said that the NZ Herald had not covered other clubs’ gender representation, but the NZ Herald was working on stories of this nature about other clubs and codes. The Western Springs situation had warranted particular focus because of a series of newsworthy events, including women in management roles quitting, players walking out and the situation going to mediation.
The Discussion
- The fact that the club did not engage with the NZ Herald, despite being given many opportunities, makes it difficult to complain that its side of the story was not included. The Herald did include the club’s views when they were offered, and by reporting internal club communications made further efforts to present the club’s point of view. The club’s decision not to comment and to enter mediation is no reason for the NZ Herald to stop reporting on the issue. The complainant is wrong to say that its continued coverage is poor journalism. The NZ Herald’s continued attempts to contact the club are to be applauded.
- The Council has some sympathy for the complainant's assertion that the journalist could have made more attempts to verify statements by the women players about what they were paid compared with the men. However, in a long-running issue such as this, balance can be achieved over a number of stories. The matter of payments being limited to $150 was covered in another story the same day. The opinion piece by Michael Burgess, published by the NZ Herald, also queried the players’ assertions about payment and was supportive of the club on other issues, adding a strong balancing element.
- The complainant says that Western Springs was singled out, but the reason for this is clear. A series of events – a complaint about gender inequity, the threatened walkout of players, the resignation of a female member of a club committee, a postponed match due to the dispute, and mediation to attempt to resolve the issue – put the club in the spotlight. While other clubs may well have similar issues around gender equity, the fact that Western Springs was facing a concerted campaign from inside the club meant that reporting the story was newsworthy and in the public interest.
- Due to the fact that the club was given every opportunity to comment and chose not to, and because the Herald published balancing information sourced from internal club communications, clarifying information about the payment issue, and a supportive opinion piece that addressed the key issues raised by the complainant, the complaint under Principle (1) is not upheld.
- Under Principle (4) Comment and Fact, the Council can see no breach. In the news stories, opinions were clearly those of the people quoted, and the one opinion piece was labelled as such.
- Under Principle (10) Conflicts of Interest, the Council can see no evidence that the previous working relationship and playing socially for a rival club had any bearing on how the story was reported.
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Decision: The complaint is not upheld.
Council members considering the complaint were Marie Shroff (Chair), Hank Schouten, Rosemary Barraclough, Tim Watkin, Scott Inglis, Ben France-Hudson, Judi Jones, Reina Vaai, Alison Thom