‘sunday News’ Editor Defends Photograph (Press, 29 May 1974)

On 28 May 1974, Mr P. M. Browne, S.M., stated he would reserve his decision on two charges against News Media (Auckland), Ltd, which had pleaded not guilty under the Indecent Publications Act. The charges stemmed from a 7 January 1973 incident in which the company allegedly published an indecent photograph and document in the "Sunday News." Legal submissions are to be presented by 11 June, with a ruling expected by 25 June. The prosecution, represented by Mr A. D. Banbrook, highlighted complaints sparked by the front-page photograph of a naked girl alongside two male companions. The sole complainant was Patricia Bartlett, who is affiliated with a society advocating for community standards. Alan Graham Hitchens, editor of the "Sunday Times," revealed that law enforcement received about 50 nearly identical complaints, suggesting they originated from Bartlett's society. Mr Hitchens explained that the "Sunday News" had reported on the Ngaruawahia music festival on 6 January 1973, where nudity was prevalent. Due to time constraints, the photographer could not return to Auckland to select an alternative photo. After reviewing the images, it was communicated that a photograph showing nudity, lacking pubic hairs, might be published. Hitchens believed they were able to make the photo acceptable by obscuring any explicit features. The newspaper editor noted that only one complaint was received despite the large readership of around half a million that weekend. Hitchens insisted that the “Sunday News” had a general appeal, supported, especially by its children’s pages, and claimed he had never encountered complaints about negative effects on children. Mrs Marcia Russell, editor of "Thursday" magazine, testified as a subpoenaed witness and described a notable shift in public opinion on moral values over the past six years. She acknowledged that there was widespread nudity at the music festival and described the atmosphere as joyful and relaxed, with attendees comprising families and children who were enjoying the event. Francis Rex Hamlin, a former minister within the Presbyterian Church, expressed that he held no objection if the children in his education programmes had seen the photograph, which he viewed as a valid news illustration. He noted a shift towards greater acceptance of nudity and other evolving standards in society, which he welcomed as a means to eliminate societal anxieties and enhance understanding. The case highlights the ongoing discussions and tensions surrounding issues of indecency in publications and the evolving attitudes towards representation of nudity in media within New Zealand society during the early 1970s.

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