The New Zealand Media Council has upheld a privacy complaint against the Otago Daily Times.
The Council ruling can be found on its website.
The complaint arose from an ODT court report of a dairy robbery. The ODT story named the victim, who worked at the dairy, and detailed a personal medical issue the victim mentioned in her victim impact statement that she had read out in court.
The victim said the ODT story caused her as much, if not more, trauma than the robbery and she needed trauma counselling as a result.
At the heart of the complaint was a conversation after the court case between the victim and two journalists, one of whom was the ODT reporter.
The victim said she asked them not to publish her name or details of the personal matter. The ODT reporter maintained she was not present when the complainant made her request but if she had been, she would have followed the complainant’s wishes.
It was difficult for the council to know which version of events was correct.
The ODT story reported what was said in open court and there were no suppression orders in place.
The council recognised open justice was an important cornerstone of a free media. The court case was a matter of public record, it was in the public interest and the ODT had every right to cover it in that respect.
The ODT also promptly amended the story when the victim complained the next day.
However, Media Council principle 2 makes clear people suffering from trauma or grief should be given special consideration. This will often come down to editorial discretion.
In this complaint, the council believed the ODT should have carefully considered the impact of both naming the complainant and publishing personal medical details. The council believed most right-thinking people would regard this type of medical issue as private and potentially embarrassing.
The complainant in this matter was vulnerable and the paper had an obligation to at least afford her some privacy in this regard.
The council considered this case highlighted how important it was for those involved in the justice system to make crime victims fully aware that they should seek suppression if they have concerns about their statements being made public via the news media.
The full media council ruling can be found on its website.
