WAIANA COLLIER AGAINST STUFF
Case Number: 3537
Council Meeting: 29 July 2024
Decision: No Grounds to Proceed
Publication: Stuff
Principle:
Accuracy, Fairness and Balance
Comment and Fact
Headlines and Captions
Discrimination and Diversity
Ruling Categories:
Court Reporting
Politicians
- Stuff published an article on 1 July 2024, headlined Mental health did not make Golriz Ghahraman steal, judge found.
- The story was a report of the sentencing of Ms Ghahraman on shoplifting charges in which the judge said she could not accept a submission that Ms Ghahraman’s poor mental health was a substantive or operative cause of the offending.
- Waiana Collier complained the headline was fabricated and misleading. It did not reflect further comment from the judge who said “I consider her mental health to be a feature contributing to the offending but not necessarily causative of it. Her mental health has made her more vulnerable to offend.”
- Ms Collier says given NZ’s “ current mental health epidemic and high suicide rates it is imperative all the facts are given…”
- In its response Stuff said the substance of the headline was supported by the Judge’s comment when she said “As a result, I am unable to accept Ms Cresswell’s submission that Ms Ghahraman’s poor mental health was a substantive or operative cause of the offending before the court.”
- It added that while the headline used the word "make", make was a common synonym for "cause."
- Media Council Principle (6) Headlines and Captions states: “Headlines, sub-headings and captions should accurately and fairly convey the substance or a key element of the report there are designed to cover”
- The Media Council considers a fair reading of the story is that Ms Ghahraman’s mental health made her susceptible to shoplifting but was not a cause.
- It found the story accurately reported the Judge’s comment and the headline, reflecting the Judge’s words, was not unfair or inaccurate. Since this was a report of a sentencing decision, there was no need to go further into all the facts relating to Ms Ghahraman’s mental health and no Media Council Principle requires this.
- There were no grounds to proceed.