David O'Hagan against the New Zealand Herald

Case Number: 3820

Council Meeting: 1 December 2025

Decision: No Grounds to Proceed

Publication: New Zealand Herald

Principle: Discrimination and Diversity

Ruling Categories:

The New Zealand Herald website published an article on September 19, 2025, titled Sri Lanka elephant keeper jailed 15 years in landmark trafficking case.

This syndicated AFP story was about Sri Lanka’s High Court sentencing of an elephant keeper to 15 years in prison, which is a landmark case of a law against the trafficking of protected wildlife.

Mr O’Hagan complained about a sentence in the article which reads: “Sri Lanka has an estimated 7000 wild elephants – considered a national treasure, partly because of their significance to Buddhist culture”.

He said this statement amounted to religious discrimination and breached Media Council Principle (7) Discrimination and Diversity.

“While many people in the region who care about this topic might subscribe to Buddhism, this does not make their care any more significant than those who care equally that do not subscribe to this religious belief.”

“You are attempting to elevate people of one religious view over another and hence causing discriminating and disharmony on the basis of religion."

The NZ Herald responded that if he wanted to complain he should contact AFP.

The Media Council did not believe there was any foundation for this complaint.  Saying elephants are considered a national treasure partly because of their significance to Buddhist culture does not infer other people do not also care about them. The reference to Buddhism was appropriate given that it is the dominant religion in Sri Lanka.  The sentence does not imply non-Buddhists do not care about elephants.

Decision: No grounds to proceed.

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