Press council versus Matt Heath

In April there was some controversy when two Radio Hauraki hosts ridiculed English cricket player Ben Stokes, then when Stokes’ mother rang up to complain they broadcast it live but told her it was off air.

One of the hosts, Matt Heath, wrote an opinion column that was published on NZ Herald: Matt Heath: When a mother sticks up for her famous son

Ben Stokes’ mum got wind of our comments and rang our studio to stick up for her 24-year-old son. I answered her call live on air thinking she was ringing up for a competition. When we found out she was ringing to make a complaint about us, we thought it would be funny to tell her she wasn’t on air so our listeners could hear someone have a go at us.

In my opinion, Ben Stokes’ mum was being an overly protective parent. She’d heard some people had made jokes about her son and wanted to stick it to us. Good on her.

But she shouldn’t have.

I reckon there is a lesson here for all us parents. Fighting your kids’ battles rarely helps.

Within reason, kids have to fight their own battles. That’s how they become resilient like we all are. You won’t always be around for them. You could get hit by a bus tomorrow. Your kids need to stand up for themselves today.

Give them love, support, advice and a safe home – but don’t ring up a radio station on air because someone called your boy “Ben Chokes”.

So Heath criticised Deborah Stokes and defended his deliberate deception on air.

But Deborah Stokes didn’t leave it at that. She lodged a complaint with the Press Council, who have upheld her complaint.

CASE NO: 2516

ADJUDICATION BY THE NEW ZEALAND PRESS COUNCIL ON THE COMPLAINT OF DEBORAH STOKES AGAINST NEW ZEALAND HERALD

FINDING: UPHELD

TO BE PUBLISHED ON 11 JULY 2016 Confidential to the parties until 11 July 2016

1. Deborah Stokes complains that a column published in the New Zealand Herald entitled “When a mother sticks up for her famous son” breaches Press Council Principles 1, Accuracy, Fairness and Balance, 2, Privacy, and 9, Subterfuge.

2. The complaint is upheld on Principle 1 with regard to fairness. One member would also uphold on Subterfuge.

The Complaint

11. Mrs Stokes’ complaint provides context to the subject of the New Zealand Herald column, namely the live broadcast of the phone call she made to Radio Hauraki. She says she asked for, and was given, two separate assurances by host Matt Heath that the discussion was off-air. It was in fact on air, broadcast live and was subsequently replayed and referred to on the radio breakfast show several times over the next few days.

12. Mrs Stokes complains that the New Zealand Herald column breached three Press Council principles.

13. Principle 9 Subterfuge: Because the column was based on an on-air broadcast that was itself obtained by subterfuge, the information in the column was obtained by the same root subterfuge, misrepresentation and dishonesty. “It goes without saying that the column cannot be justified as being in the public interest,” she says.

14. Principle 1, Fairness: Mrs Stokes claims the actions of Matt Heath in writing a column based on an act of subterfuge breached the fairness principle.

15. Principle 2, Privacy: Mrs Stokes claims it was a breach of her privacy for Heath to have referred to the matter in the column as the radio broadcast itself was also a breach of her privacy.

The Editor’s Response

19. The editor of the New Zealand Herald, Murray Kirkness, defends the newspaper’s decision to publish the column. It is important, he says, to make the distinction between the original live radio broadcast and the subsequent opinion column when considering the facts.

20. He denies that subterfuge was used in obtaining information for the column as the information was already in the public domain prior to the time of publication.

26. Mr Kirkness submits that the publication of the column did not breach any Press Council rules, and did not go any further than what was widely published nationally and internationally in other media. “I believe it would be a matter of significant concern if the media were not able to comment on matters of public controversy by reason of issues arising out of the circumstances in which a story first broke,” he says. “Once an issue is in the public domain and has become a matter of public debate it cannot be the case that it is impermissible for the media to comment on it by reason of some question mark over the manner in which the information originally surfaced.”

Discussion

27. The New Zealand Herald column published on April 11 is based on the live broadcast on Radio Hauraki on April 6; however the Press Council cannot comment on the radio broadcast as it is the subject of a separate complaint to the Broadcasting Standards Authority, and this adjudication deals only with the article published by the New Zealand Herald in print and online.

28. The column by Matt Heath was clearly an opinion piece; it was not a news report. Opinion pieces are by their very nature frequently provocative, offensive or controversial in subject and tone, but as long as they are clearly signposted as the writer’s opinion, they are exempt from many of the rules which apply to news reports. The Press Council’s Principle 5, Columns, Blogs, Opinion and Letters, states that “though requirements for a foundation of fact pertain, with comment and opinion, balance is not essential.”

29. In this case, however, we believe the fine line on what can be deemed fair or not fair has been crossed. Heath’s column about over-protective parents, which under normal circumstances is a perfectly acceptable subject for an opinion piece, was clearly a convenient hook to allow him to justify his actions in knowingly deceiving Mrs Stokes on his radio show.

30. In the column Heath openly admitted his dishonesty, which he said he thought would be funny, and then ridiculed Mrs Stokes for defending her son, writing that “a parental attempt to right things ended up bringing global humiliation on her son”.

31. The Press Council does not accept the editor’s argument that the New Zealand Herald article did not go any further than what was widely published nationally and internationally in other media. The difference was that the Herald published an opinion piece written by the perpetrator of the original deceit.

32. We agree with Mrs Stokes’ view that it was not fair for the newspaper to provide Matt Heath a further opportunity to justify his improper actions on his radio show. It is also unfair that he was permitted to add insult to injury by using her as an example of what not to do as a parent. Otherwise he is able to take advantage of his own misleading actions, which is unfair.

33. The complaint that the column breached Principle 1, with respect to fairness is upheld.

34. With regard to the complaints under Principle 9, Subterfuge, and Principle 2, Privacy, it is clear that rightly or wrongly, the subject of the broadcast discussion between Mrs Stokes and the Radio Hauraki hosts was very much in the public domain by the time the column appeared, so the information contained within it cannot be deemed to have been obtained by subterfuge. Mrs Stokes’ identity was by that stage also in the public domain, so her privacy cannot be deemed to have been breached by the New Zealand Herald article.

35. The complaints under Principle 2 and Principle 9 are not upheld.

However one member of the Council also wanted the complaint upheld on grounds of subterfuge and wanted his dissent noted. The column relied on an interview based on deception, and regardless of whether that interview was broadcast on radio or was simply part of the columnist’s research, the deception remains and, in his mind, was grounds for a wider uphold.

Regardless of this, the actions of Heath (and Jeremy Wells) on air were crappy, and Heath doubled down on his crap with the column.

The Herald published the full finding in Press Council upholds complaint against Matt Heath column.

 

Leave a comment

11 Comments

  1. I couldn’t agree more. This is text book shabby, tablod journalism and worse than the self-serving actions of Heath/Wells was the ethics of Murray Kirkness.

    The actions of Kirkness show him to be unfit in the role of an editor:

    ” The editor of the New Zealand Herald, Murray Kirkness, defends the newspaper’s decision to publish the column. It is important, he says, to make the distinction between the original live radio broadcast and the subsequent opinion column when considering the facts.”

    Where is the fairess in allowing Heath another platform to show off after the event? These are not two different issues, they are one and the same. When a broadcaster fails to respond maturely and privately to a complaint, when they publicly lampoon and humiliate Deborah Stokes, why would it then be considered de rigeur to give that broadcaster a platform to effectively put the boot in further by commenting on her parenting skills! Wells and Heath shows themselves to be self serving, vainglorious and bullies of the first order. I reserve even stronger opprobrium for Kirkness – his lack of judgement, balance and common sense show he’s not fit to be an editor.

    Reply
  2. Blazer

     /  11th July 2016

    Kirkness should be sacked.

    Reply
  3. Maggy Wassilieff

     /  11th July 2016

    I’ve just posted a comment on KB about this finding.

    What is the point of making a complaint to the Press Council?
    Did Matt Heath incur any penalty for having had a complaint against him upheld?….. Not as far as I can see…. and to rub salt into wounds…. his column (with a headshot pic) appears in today’s Herald above the article on the Press Council ruling.
    Tacky, tacky, tacky.

    Reply
  4. Conspiratoor

     /  11th July 2016

    An interesting back story here and that is the ‘overly protective parent syndrome’

    I’ve got no empirical evidence to support this (apart from personal observation) but I do wonder if the suicide rate amongst young adults is due in part to the mollycoddling (disused non-PC term for treating someone in an indulgent or overprotective way) that takes place in their formative years well before they leave the nest. When they are finally cast out into the world to fend for themselves they find for the first time that life can be very hard. Without key life skills including how to stick up for themselves and to take knocks on the chin I wonder if many of our indulged youth find it just too hard

    Reply
    • I’d be prepared to bet my house that there are as many, if not more, suicides attributable to neglectful and indifferent parenting. You can make cases for both, but I don’t think Mrs Stokes was anything of the sort. She was obeying the law of the jungle – attack my offspring and I’ll go for you. Of course she was loyal and she called BS on a couple of sports commentators and went to bat for her boy. She’s normal not a Helicopter Mum.

      Reply
      • Conspiratoor

         /  11th July 2016

        In the jungle a parent will let go as soon as you’re capable of feeding yourself trav. This guy is a grown man ffs. If my dear old mum was taking it upon herself to harangue radio stations on my behalf, I would be cringing.
        Hey but maybe that’s just me

        Reply
        • Gezza

           /  11th July 2016

          I don’t think a good mum ever stops being a mum. Mine died last year @ 85. I rang her every Sunday night. She was still telling off for stuff. I still laughed & listened.

          Reply
          • Conspiratoor

             /  11th July 2016

            God bless mums G. Where would we be without them?

            Reply
            • Gezza

               /  11th July 2016

              I’d be on drugs & have died in a car crash @ 17 I think.

          • Gezza

             /  11th July 2016

            Tell ya what though c, God bless dads as well – for the same reason.

            Reply
    • Blazer

       /  11th July 2016

      Yes the accent on the everyman for himself,individualism culture encouraged by a material society has alot of inherent flaws.

      Reply

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