Rachael Larsen against Stuff

Case Number: 3577

Council Meeting: 2 December 2024

Decision: No Grounds to Proceed

Publication: Stuff

Principle: Photographs and Graphics

Ruling Categories:

Stuff published an article on October 9, 2024, headlined Kiri Allan reveals striking new pūhoro tattoo. It featured a photograph of the former Cabinet Minister’s tattooed buttocks.

Rachael Larsen complained that the picture filled the home screen on Stuff’s website and news app and when she wanted to check the day’s news there was no way of avoiding what she said was an offensive and inappropriate image.

In response, Stuff said Ms Allen posted this photo in the public domain. “We have shared this image believing it to be not only non-offensive, but also significant in terms of cultural recognition and tradition. She is clearly very proud of the result of this tā moko, and what it represents for her Māoritanga. We have previously published imagery of tā moko on multiple other parts of the body and see this image of the buttocks and upper legs reflecting the same pride.”

Ms Larsen countered saying following someone’s social media posts and scrolling a public news site were two different choices. She did not agree with Stuff that because the tattoo has cultural significance to Ms Allen it outweighed the rights of the general public to not see such indecent images.

The Media Council is not able to rule on this complaint as it has no remit to rule on questions of taste and decency.  It also notes no one has a right to not be offended.

Publication of material that might be offensive is a matter of editorial discretion. Editors always have to weigh the interests and sensibilities of their audience in the knowledge that, if they get it wrong, readers might complain or decide to get their news elsewhere.

The Council notes that there is nothing intrinsically offensive about the showing of buttocks.  It is Māori and Pacific custom to display tattooed bodies.  Buttocks have also been shown for centuries in European and Hindu art.

Decision:  No grounds to proceed.

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