Rob Paterson against the Bay of Plenty Times
Case Number: 3718
Council Meeting: 3 February 2025
Decision: No Grounds to Proceed
Publication: Bay of Plenty Times
Principle:
Accuracy, Fairness and Balance
Comment and Fact
Headlines and Captions
Discrimination and Diversity
Subterfuge
Conflicts of Interest
Corrections
Ruling Categories:
The Bay of Plenty Times published a story on December 13, 2024, headlined Vandalism of Mauao pounamu touchstone ‘gutless racism’.
The story reported damage to a pounamu touchstone atop a local landmark which an iwi leader attributed to the “usual gutless racism by illiterate and inarticulate reprobates” and “it’s something we sadly come to expect”.
Rob Paterson said there was no evidence that any act of gutless racism was involved. No one had been accused, charged or identified in respect of the vandalism. Supposition and unfounded speculation had no place in the media.
The Bay of Plenty Times said the headline was accurate and fairly reflected a key element of the article, in which a community leader expresses his views about the incident. The point about it being “gutless racism” was clearly his opinion, he was entitled to express his views, and the Bay of Plenty Times was entitled to report it.
The Media Council agreed and saw no evidence that the story breached any of the principles relating to ethical journalism cited in this complaint.
The iwi leader was free to express his view based on what he saw. Damage to Te Reo signs in the area supported his belief the attack was racially motivation. It was also noted he went out of his way to discourage retribution.
There is no requirement for somebody to be charged and prosecuted through the courts before somebody can call a crime out for what they believe it to be. Until somebody is charged, when the matter becomes sub judice, there is nothing to stop people from talking about crimes and describing them as they see them - whether it is a heinous murder, unprovoked assault or whether it is describing an offence as heartless, cruel or gutless.
Decision: No grounds to proceed.