Festival News

Social media broadcast 25 Feb 2025 headlines and supporting material

Headlines

Judge: Mr Farrow (Stuff Reporter) sought photographs of difficulties Mr Wood (neighbour) described:
Do we have any pictures from previous years of the shit that’s gone on ‘cause that would be really, really good.

Judge: Mr Farrow (Stuff reporter) indicated he used such enthusiastic terms as a strategy to obtain the most impactful information from Mr Wood (neighbour).

Farrow and Wood spoke as follows: Farrow: I’ve got 500 or 550 words and as you said we’ve gotta discuss the angle and what points we’re actually locking on to.

Jeni McManus (journalist expert): In terms of angle, the what “we’re” going to focus on, reinforces the idea that ... he and Mr Wood have a common interest on the same side of the dispute.

Jeni McManus A responsible journalist will never discuss angles with their sources.

In fact, Mr Farrow proactively was wanting to discuss a specific angle.

The McManus expert opinion was not seen (or heard) by the jury as the judge decided they did not need to see it.

Supporting material

Extracts from Judgement of Johnstone J of 31-January 2024.

In the judgement, the judge cites numerous passages of a recording between Stuff reporter Gary Farrow and his source Daniel Wood (an opposing neighbour of the festival).

In [22] below, Farrow discusses with Wood about agreeing an angle. Below that, Jenni McManus (Expert journalist), an experienced journalist, gives her view on the matter.

Cao v Stuff defamation case - Judgement of Johnstone J

[21] Mr Farrow’s 14 September interview of Mr Wood lasted around 90 minutes.

During the interview, which was recorded, Mr Wood outlined and indicated that about 20 neighbours shared his concerns about the size of the event and the flow-on effect on the neighbourhood. Mr Farrow sought photographs of difficulties Mr Wood described occurring in previous years. He did so by saying: Just sorry, just before I forget, do we have any pictures from previous years of the shit that’s, yeah, gone on ‘cause that would be really, really good to like, ‘cause this is probably gonna be front page on Monday.

[22] When giving evidence before me, Mr Farrow indicated that he used such enthusiastic terms as a strategy to attempt to obtain the most significant or impactful information possible from Mr Wood. In a similar vein, he and Mr Wood spoke during the interview as follows:

Mr Farrow: This is the thing, like only so much will fit in the article, like I’ve got 500 or 550 words so as you said we’ve gotta discuss the angle and what points we’re actually, we’re actually locking on to. So I mean part of it is that, you know, just they have made the application but not provided all of the required information as part of that and yeah they’re basically not gonna get consent.

Expert brief of evidence Jenni McManus (Expert journalist)

The most concerning part of the interview is that Mr Farrow was actually discussing an “angle” with Mr Wood (his source). In fact, in terms of the angle, he talks to Mr Wood about the need to discuss what “ we’re” going to focus on, reinforcing the idea that he (the journalist) and Mr Wood (a source) have a common interest and are on the same side in this dispute. It is highly unusual (and unwise) for a reporter to discuss potential angles with sources. This is because the focus of the story might change once the reporter has spoken to more people, and a better angle might then emerge. Or the editor might prefer a different approach. A responsible journalist will never discuss angles with their sources, and if they were asked to discuss that, I would have expected the journalist to simply shut it down and say that they are still talking to people to find out more information and see where the story is heading. Mr Farrow in the recording did not do that. In fact, Mr Farrow proactively was wanting to discuss a specific angle.

The McManus expert opinion was not seen by the jury as the judge decided they did not need to see it.

Social media broadcast 28 Sep 2024 headlines and supporting material

Headlines

Judge finds Stuff knowingly reported what they knew to be false re the defamatory aspect of the 15 Sep article.

Judge in addition: the defamatory aspect of the 15 Sep article was not published responsibly.

Judge is not persuaded that reporter’s wording was inadvertent.

Judge: Reporter, Gary Farrow’s conversation with Daniel Wood (opposing neighbour) and the evidence before me demonstrate that he held particular enthusiasm for a story highlighting the organisers’ failure to obtain resource consent.

Judge: Stuff did not comply with their own code of ethics.

Judge grants Cao and Oulton a declaration.

Supporting material

Extracts from Judgement of Johnstone J of 31-January 2024.

[71] It is most unlikely that is will be responsible to publish a defamatory statement that is known to be incorrect.

[77] I record that I am not persuaded Mr Farrow’s wording was inadvertent. His conversation with Mr Wood about his article being “front page on Monday”, and his evidence before me, demonstrate that he held particular enthusiasm for a story highlighting the organisers’ failure to obtain resource consent for the 2019 festival with only a matter of days remaining before its intended commencement.
In my view the defamatory aspect of the 15 Sep 2019 article was written because Mr Farrow intended to assert that there was some unsatisfactory aspect to the 2017 and 2018 festivals having been operated without resource consent, and because this incorrect assertion would serve to excite further public interest in the unsatisfactory position of the 2019 festival.

[84c] And when Mr Farrow reinterviewed Mr Oulton, he did not raise that issue for comment. Mr Oulton therefore was not provided with the opportunity to comment on the defamatory aspect of the 15 September article. This is not surprising, as Mr Farrow (and through him Stuff) knew it was incorrect.

[84e] Finally, while Stuff’s code of ethics contemplates the possibility of inaccurate reporting despite best, or even reasonable efforts, it does not contemplate reporting that is known to be incorrectly worded. Given the jury’s finding, and Mr Farrow’s awareness of the correct position, his article does not comply with the charter.

[86] Overall, I find as a matter of fact that the defamatory aspect of the 15 September article was not published responsibly.

[88] The above findings provide a sufficient factual basis for my view that I should grant the declaration that Ms Cao and Mr Oulton seek.

[111] I grant Ms Cao and Mr Oulton’s claim for a declaration that Stuff and Mr Farrow are liable to them in defamation for publishing the 15 September 2019 article and in particular the assertion made by the article that they operated the 2017 and 2018 festivals without resource consent that was required in order for those festivals to have operated lawfully.


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