ADJUDICATION BY THE NEW ZEALAND PRESS COUNCIL ON THE COMPLAINT OF GRAHAM WILLAN AGAINST HAWKE'S BAY TODAY
FINDING: UPHELD WITH DISSENT 9:2
Graham Willan complained about an article published online by Hawke's Bay Today on August 2, which covered a fatal crash that killed the driver and sole occupant of the car involved. The online article, which was accompanied by a photograph of the badly damaged vehicle, appeared within an hour of the accident, before the wife of the deceased had been informed by police of her husband's death. The deceased's wife had recognised the vehicle in the photograph, and called police, who confirmed her husband was the deceased driver.
The Complaint
The brother-in-law of the deceased driver, Graham Willan, complained to the Council, saying:
-The article was "disgusting and disrespectful".
-The photos were uploaded to the paper's website at 2.50pm. This was in advance of his sister being informed of her husband's death.
-The photo of the wreckage with a tarpaulin over it did not hide the distinctive paint colour of the vehicle.
-When her husband did not return from work and could not be contacted, Mr Willan's sister checked the internet and found the article and the photo of her husband's distinctive vehicle.
-The article (recognition of the car) prompted her to call the police.
The Response
Andrew Austin, Editor, Hawke's Bay Today responded:
- That he acknowledged the grief which led to the complaint and did not wish the Press Council complaint process to prolong that grief.
- The publication engaged fully and immediately with the complainant and continued to do so. This included a phone conversation with Mr Willan.
- Despite other news outlets running similar photos, the publication used alternative photos in subsequent coverage. This decision was part of the publication's continued review of the published material after accidents, so the decision was made before the first complaint.
- Digital news immediacy is providing unprecedented challenges to newsrooms. There is a fine line between public interest and private grief.
- The photos were not disrespectful or insensitive.
- Although extremely regrettable, the editorial team believed at the time that it was highly improbable that the photos would lead to identification of the victim.
- No name was used in the story.
- The community has a widespread and legitimate interest in these types of stories.
- There is now a new protocol in place to deal with similar stories in the future.
The Decision
The two Press Council principles being considered here are related to Privacy (Principle 2) and Photographs / Graphics (Principle 11).
Under Principle 2, everyone is entitled to privacy of person, space and personal information, and these rights should be respected by publications. However this should not interfere with the publication of matters of public record or public interest. Also, those suffering from trauma or grief call for special consideration.