Media Council says Spinoff pro-abortion article lacked evidence, claims can’t be substantiated

Terry Ballamak, author of the Spinoff article criticised by the NZ Media Council for lack of evidence

After the Spinoff published an article by Terry Bellamak, head of the Abortion Law Reform Association of NZ (ALRANZ), back in March, former Voice for Life National President Bernard Moran laid a complaint with the NZ Media Council.

The NZ Media Council outlined the complaint as follows:

“Bernard Moran complained that the allegations in the article were extremely damaging to the reputation of anti-abortion protesters…

Similar allegations had been raised in an earlier article he objected to. “On 6 March 2019, Terry Bellamak had written that anti-abortion protesters shouted at women going about their legal business: ‘whore’, ‘murderer!’ and threw plastic model foetuses at them,” Mr Moran said. He emailed The Spinoff saying the allegations were false and asking for a right of rebuttal.The Spinoff declined his request.

In the most recent article, published on 8 March 2021, The Spinoff had accepted Ms Bellamak’s “damaging allegations” without questioning her or anti-abortion groups about whether this had actually happened in New Zealand, Mr Moran said…

Pro-life groups had put up with this “damaging smear tactic” for decades and never got any credible evidence about who was doing it, when or where. He had asked for evidence from the Abortion Supervisory Committee who had made similar accusations, and when they did not provide evidence asked for an Ombudsman investigation which came up with “vague verbal complaints” from abortion clinic staff. He had surveyed Voice for Life branches twice and found no evidence. Mr Moran said he could never recall an approach from the police to the organisations he had been involved with, despite allegations which clearly constituted a public nuisance, disorder or assault.”

Although the NZ Media did not uphold the complaint, due to the fact that the article was an opinion piece, they were unflinching in their criticism of Bellamak and The Spinoff, saying that the piece contained misleading and unsubstantiated allegations against pro-lifers (emphasis added):

“The Media Council considers that some readers might think the more extreme activities mentioned in the article happened in New Zealand. The story starts by talking about a New Zealand Bill to prevent people seeking abortions from being confronted by “angry mobs”, so this was clearly pertaining to the local situation.

New Zealand is referenced in two of the four paragraphs describing the most extreme protests (when referring to the use of gory posters and violence). The story also said: “In a few weeks, anti-abortion forces will go along to the select committee considering the safe areas bill and tell it, ‘Oh no, anti-abortion violence only happens in other countries. New Zealand is different.’ Alas, New Zealand is not different”

This last statement linked to an article reporting on an attack on Greens co-leader, James Shaw, by an anti-abortion protester. This attack did not take place near a clinic.

While the Media Council is prepared to allow a lot of leeway on articles that are clearly opinion, the principles require comment to be based on accurate material facts and The Spinoff and author have provided no evidence that the most extreme acts described in the piece occurred at New Zealand clinics.

The complainant’s concerns therefore need to be taken seriously given the repeated references to New Zealand. The piece comes very close to relying on claims that cannot be substantiated.”