The Spinoff’s Duncan Greive broke a significant media story about Stuff - it’s escalated into a defamation threat; NZME exec resigns for new corporate role; TVNZ’s emphatic court victory to keep sources secret; ‘Tight and challenging’ - Newsroom’s plea for donations; Neil Finn on RNZ host’s departure; Axis Awards winners.
Media Insider: The Spinoff v Stuff – a scoop and then a defamation threat in story stoush; TVNZ’s emphatic legal victory to protect sources; Newsroom’s plea for donations
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The Spinoff founder Duncan Greive. Photo montage / Oliver Rusden
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Greive stood by the report, then and today, and Stuff is standing by its responses, then and today.
Greive made what he calls minor amendments – including adding the label “analysis” and reiterating in a footnote “that both Mastheads and Stuff Digital will have digital components”, a point, he said, that was evident in the original piece. He kept the article online.
At one point in the article, Greive wrote that the move opened Stuff up to possible “profound change”. He reported that Stuff had not answered a question pertaining to “whether the move was done with a view to sell one or both of the businesses”.
In correspondence seen by Media Insider, Stuff spokeswoman Sarah Stuart told Greive after the initial story: “As I texted a few minutes ago, the story is incorrect and damaging and we would like it removed and rewritten.”
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She said the company was not breaking apart, nor was it being split into a future-focused division and a historic newspaper division, saying the paywalled digital sites (such as the Post and the Press) came under the Masthead Publishing business.
She said it was not a “profound change” and the company had been talking openly about the structure for 18 months.
“Your misinterpretation of this step is not only wrong but we believe irresponsible and damaging to our staff. Can you let me know how you intend to proceed and note that the story has been corrected if it is updated.”
Greive has been dismayed by Stuff’s response – both to the original article, and now in a defamation threat after he sent a pointed email with questions to Stuff last weekend, following news on Friday that Stuff had been in talks with NZ Herald publisher NZME for a possible acquisition of the masthead publishing business.
Media Insider has confirmed those discussions were under way before December 11, when Greive’s article appeared.
As Media Insider revealed this week, Stuff is also understood to have been in talks with Trade Me about a full or part acquisition of Stuff Digital. It is unclear when those discussions started.
In his original article, Greive said Stuff’s response to his article essentially boiled down to “nothing to see here”.
He says he specifically asked Stuff whether owner Sinead Boucher had “plans to sell, merge or list one or both of the newly separate businesses?”
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He reported at the time: “The Spinoff put several questions to Stuff, but the company chose not to address them, with a spokesperson only saying ‘this is just the formalising of a process we started 18 months ago with the two businesses and we’ll continue to operate within Stuff Group as we currently do’.”
‘Utterly shocking’
Greive told Media Insider this week that he was “extremely disappointed” with Stuff’s response.
“I view media organisations as having an obligation to practise what we ask of the wider community – which is to say that when asked specific questions, we should endeavour to answer those questions,” Greive said.
“We won’t always be able to, where there are sensitivities or NDAs, but plenty of what I asked could easily have been addressed. Without that, we risk the licence to operate, in my view – it’s easy for other organisations to duck if we’re seen to do so ourselves.”
He further added: “Demanding that the story be taken down seemed a gross overreaction to what was at worst a disagreement over my analysis. Especially given that my conjecture was driven by Stuff’s refusal to meaningfully address the questions I asked.”
Greive says it was “utterly shocking” to hear on Friday, through an NZME disclosure to the NZX, “that Stuff was, in fact, engaged in precisely the kind of conversations I had suggested”.
“My story said that the separation opened up options around sale of parts of the business, and the organisational structure. Which is exactly what was happening. It’s quite staggering that the subject demanded it be taken down.”
Greive asked more questions of Stuff last weekend, based on his original article and Stuff’s response. He received a new response from Stuff – a defamation threat.
“I can confirm that we received an email putting us on notice for a defamation claim, in response to formal and informal inquiries I made over the weekend.
“I need to be careful not to repeat the claim, given their stance on it. But I can confirm receipt of the letter from their CLO [chief legal officer], Allison Whitney, in response to an email to Stuff on Saturday.”
In the rough and tumble of media, and in circumstances like this, it is rare for a media organisation to take such a step against another.
Stuff’s response
Media Insider sent all of Greive’s comments and criticisms to Stuff, inviting a specific response. We invited Stuff to outline its stance and rationale for sending a defamation threat to the journalist.
Stuff responded through its generic communications email, “We are sorry Duncan feels disappointed that Stuff asked him to correct his story. It contained significant inaccuracies and misunderstandings and was damaging to our people.
“Stuff’s reorganisation of our businesses had been under way for 18 months and was unrelated to the NZME approach late last year.”
A follow-up email, offering the company the chance to comment on the defamation threat, went unanswered.
NZME exec resigns for new corporate role
One of the top executives of NZ Herald and Newstalk ZB owner NZME is leaving to join Contact Energy.
The media company’s chief digital and publishing officer, Carolyn Luey, will leave in mid-June, according to an announcement to staff from NZME chief executive Michael Boggs today.
She is joining Contact as chief retail officer.
Luey, Boggs said, had played a “pivotal role in accelerating digital transformation in our publishing business, leading to a significant increase in digital advertising revenue and the continued expansion of our digital subscription business.
”She’s played a big role in our evolution into a forward-thinking, digitally focused, innovative media organisation.”
Luey has been at NZME since August 2021 - it has been her second stint at the company after she left in 2016 as the chief operations officer.
In between times, she held senior roles at MYOB and Vodafone.
Luey has most recently overseen a new strategy to launch a new NZ Herald daily video show, Herald Now, to be fronted by Newstalk ZB host and former TV3 broadcaster Ryan Bridge.
Known as a FAST (free, ad-supported streaming television) channel, Herald Now is being launched in the second quarter of the year in what NZME sees as an opportunity to attract more digital revenue.
Luey’s departure comes at a time of other major changes for NZME.
About 30 editorial staff are departing the business as part of a cost-cutting exercise, while Auckland businessman Jim Grenon - a 9.97% shareholder - is seeking a board cleanout at the company’s annual shareholders meeting on April 29.
In a statement today, Contact said Luey would lead the strategic vision, innovation and growth of its customer business. The company has more than 600,000 customer connections on electricity, gas, broadband and mobile plans.
Luey said she was thrilled to be joining Contact at a “pivotal time”.
“The company’s bold strategy to lead the decarbonisation of New Zealand’s energy future resonates deeply with me,” she said. “I’m excited to help bring that vision to life by empowering our customers, growing our retail business, and delivering innovative, sustainable solutions.”
TVNZ’s emphatic court victory for sources
TVNZ has won an emphatic court victory to protect the confidentiality of sources who it relied upon as part of an investigation into allegations about one of New Zealand’s biggest agribusiness firms, Talley’s.
The High Court says there is “compelling public interest” in TVNZ’s investigative reporting into the health and safety of workers in a high-risk industry, and says that disclosure of any names of sources would “likely have a seriously chilling effect on future confidence in journalistic integrity”.
Talley’s is suing TVNZ for defamation for a series of stories broadcast on the 6pm news and published on 1news.co.nz between July 2021 and May 2022.
The stories featured several allegations about the seafood, meat, dairy and vegetable company, including claims by a whistleblower of health and safety issues at the company’s Ashburton factory. Another story reported on concerns at the company’s Blenheim site; and another focused on alleged concerns about the way Talley’s handled claims by injured workers.
Talley’s claims the stories were false and defamatory. In the High Court in February, it argued that TVNZ had withheld documents during legal discovery, on the basis of source confidentiality – a move that Talley’s said had put it at a disadvantage as the plaintiff.
It also wanted to know the names of the confidential sources. “The Talley’s Group says that the public interest in maintaining the confidentiality claims is overridden by their need to know who the sources are when challenging TVNZ’s claims that it was responsible in relying on the sources in the reporting at issue,” said High Court judge Justice Peter Andrew.
TVNZ and reporter Thomas Mead, who has been named as a second defendant, are fighting the defamation claims – arguing truth and responsible publication as part of their defence.
In his just-released decision on whether sources’ names should be disclosed as part of the case, Justice Andrew says the matter is one of “compelling public interest”.
He said TVNZ had met the basic criteria of Section 68 of the Evidence Act which specifically allows for confidentiality of journalistic sources (unless a judge overrules this).
Andrew said he accepted TVNZ had “adopted a somewhat staunch approach” when it came to discovery but in his view, it was a “principled one based on fundamental values including freedom of the press”.
He said that the stories at issue were of “high public interest” and had generated considerable publicity.
“It is clear that the sources have real fears and concerns about the consequences of disclosure. There is no good reason to disregard those concerns as anything other than genuine and well-founded.”
It was also, he said, “clearly arguable that the confidential sources are true ‘whistleblowers’.”
“They are people in vulnerable positions raising concerns about the actions of a large, well-resourced and influential New Zealand agribusiness group. The potential impact of [a] court-ordered disclosure on trust in the news media by the New Zealand public is a very concerning factor here.”
While revealing the names of sources might help Talley’s as plaintiff, and even TVNZ with its responsible journalism defence, disclosure “would likely result in real and material adverse effects on the sources, their family and friends and the defendants; both TVNZ and Mr Mead”.
“It would also likely have a seriously chilling effect on future confidence in journalistic integrity and the ability of investigative reporters to keep their sources secret and safe.”
He accepted that disclosure of the identity of the informants might well assist Talley’s with a claim of malice “and a submission that TVNZ did not do enough to verify its sources”.
“However, again, I find that upholding confidentiality will not unduly prejudice the Talley’s Group in its endeavours. There remains a range of options, including through cross-examination, for the Talley’s Group to test and challenge whether TVNZ breached its duty of verification.”
A TVNZ spokeswoman said the company was “pleased with this result”.
“The High Court has affirmed there is a public interest in protecting source confidentiality. It’s important for TVNZ to tell these stories. We stand by our reporting and will continue to defend this claim.”
A Talley’s spokeswoman said: “There will be no comment from Talley’s.”
TVNZ exec departing
TVNZ chief content officer Nevak Rogers is departing the organisation this week after seven years – her move indicates the state broadcaster is close to announcing its new overall news and content chief.
Rogers had been considered by many to be a contender for the new executive role of chief news and content officer but it appears that job is going to an outsider, with the drums beating loudly about Marshall Heald, a former SBS and Foxtel executive in Australia who has been most recently working as a Sky TV consultant.
Another named linked to the role has been Stuff Digital managing director Nadia Tolich.
A TVNZ spokeswoman confirmed the company was in the final stages of recruitment – with an announcement “soon” – but she would not comment on “who’s still in the running”.
She confirmed Rogers was leaving TVNZ this week. “Her departure is a loss for the organisation.”
In a message to TVNZ production partners and distributors, which TVNZ shared with Media Insider, Rogers said it had been “an absolute privilege” being part of TVNZ.
“I’m so lucky to have been in the trenches with some of the very best humans in the industry. I’m incredibly proud of the purpose and values we’ve embedded into the DNA of Te Reo Tātaki alongside the Rautaki Māori.
“Our commitment to Aotearoatanga and unlocking the potential of our nation has helped us achieve our vision of being a global challenger with local heart!”
‘Tight and challenging’: Newsroom’s donations plea
Independent news website Newsroom is the latest media organisation to make a special plea for financial support, saying its funding from Facebook and Google has now finished.
In an email to supporters, co-founders and co-editors Tim Murphy and Mark Jennings say it won’t be a surprise to news followers that local media is having a “tough time of it”.
“More and more journalists are losing their jobs, algorithms and AI increasingly determine much of what we view and read, and now there’s the spectre of big money chasing controlling stakes in news media companies.”
They said that in the past 20 years, the number of journalists in New Zealand had declined by a “staggering” 60%.
Newsroom had managed to buck these trends, but “right now, in such a subdued economy, things are again tight and challenging”.
“The support we received from Google and Facebook has been withdrawn as the Government dithers over legislation. Independent media should not need to rely on public funding and the advertising market is not going to be our saviour.
“Reader support is now independent media’s lifeline.”
Murphy told Media Insider the company did not have a particular funding target in mind.
“Traditionally, since day dot, we do an annual drive for subscriptions and donations and it is usually/always well supported. Our last main one was last March. It’s been more important in the last two years as (like almost all businesses/households) we’ve been hit by inflation.”
He said, unlike “just about every other news media company”, Newsroom had not had to lay off staff.
“The number of journalists working for Newsroom has been constant for the last few years. Solid reader support and growing Newsroom Pro subscriptions plus tight cost control has helped us stay strong. This latest campaign is about keeping it that way.”
The plea for support follows similar actions from New Zealand Geographic magazine and The Spinoff.
Google deals coming to an end
Google did not respond to questions yesterday about the status of its deals with New Zealand media companies, including how many had now come to an end, and when others would expire.
“The Google and Facebook deals were confidential but reasonably substantial for a business our size.” Newsroom’s Tim Murphy told Media Insider.
“FB was tech support through their accelerator programme a couple of years ago and Google was for the Showcase like you guys also do.
“Newsroom and a number of other media have not had their deals renewed when the term finished. This will likely be the fate of all media over the next year or so. It’s one of the reasons that reader support is increasingly important.”
NZME’s boardroom battle
It’s been another big week of media news, mainly centred around NZME’s boardroom battle.
In case you’ve missed any of the latest developments, here’s a rundown:
- Influential NZME shareholder Roger Colman backs Auckland businessman Jim Grenon for a board seat, but not his three other nominees - Colman says a 9.97% shareholder with as much as 80% majority board support is an “overreach”;
- A second Jim Grenon letter is released by NZME - the businessman is willing to compromise with some additional board members. Grenon believes he will have an overwhelming majority support for his push to clean out the board, who, he hopes, will realise it’s “futile to continue”;
- Herald publisher NZME and Stuff have halted talks over the potential sale of the Post and the Press paywalled websites and newspapers – but an audacious move may be looming involving Trade Me and the Stuff news website.
- Jim Grenon has confirmed he made an inquiry to buy rival publisher Stuff five years ago;
- Jim Grenon has accused the journalists’ union of wanting to present him as some sort of “extremist”; the union, in turn, is accusing the businessman of PR “deflection”.
Neil Finn’s tribute to departed RNZ host
Charlotte Ryan’s sudden departure as RNZ’s Saturday afternoon host took listeners by surprise – and many staff as well.
A source says senior leaders in the organisation were aware she was leaving, but that many staff had no idea.
Ryan tearfully announced her departure just before 4pm on Saturday, with just an hour left of her 1pm-5pm Music 101 show on RNZ National.
An RNZ spokeswoman said yesterday: “RNZ respected the wishes of Charlotte Ryan to announce her own departure from Music 101.”
Ryan did not say why she was leaving and RNZ has refused to answer specific questions.
“I’m so excited to, yeah, get out there, explore new opportunities and spend my Saturday afternoons with my beautiful daughter and work on some new creative projects,” Ryan told listeners.
In a leaked staff email, RNZ head of content Megan Whelan quoted Ryan as saying: “I am ready for my next adventure and need a reset as it has been full-on in my personal life the last two years.
“I want to take a breather before jumping into the next thing. Thank you to everyone who has supported me within my role over the last few years.”
Her departure coincides with the resignation of Music 101 producer Nicky Jonas, who leaves on April 10 to return to teaching.
Ryan is a former assistant to Neil Finn.
The Kiwi music legend wrote on social media this week: “I was sad to hear that Radio NZ have lost Charlotte Ryan as a presenter.
“In my view, she is the best music journalist and presenter in the country, the interviews I have done with her were immensely enjoyable, her knowledge, enthusiasm and taste in all genres of music make her a great host and [a] valuable part of NZ’s music community.
“We will miss her voice on Music 101 but I’m sure she’ll find a good home to bring to listeners once more her unique talent. I wish you well Charlotte.”
One Good Poll
Axis Awards Grand Prix winners
Congratulations to all the winners in more than 100 (!) categories at this year’s Axis Awards.
Colenso BBDO was crowned agency of the year and had a massive night, winning 11 Gold Axis Awards, two Grands Prix and the Grand Axis for its campaign for Mars, Adoptable. By Pedigree.
Grand Prix awards
Innovation in out of home: Colenso BBDO for Mars - Adoptable. By Pedigree.
Tech-driven creative: Colenso BBDO for Mars - Adoptable. By Pedigree.
Brand experience and activation - integrated campaign: Special for DB Breweries - Export Ultra cold call back service
Production company of the year: The Sweetshop
Client of the year: Mars
Craft Grand Axis: Assembly for Hospitals United for Sick Kids - Lightyears from home
Grand Axis: Colenso BBDO for Mars - Adoptable. By Pedigree.
Editor-at-large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including managing editor, NZ Herald editor and Herald on Sunday editor and has a small shareholding in NZME.
