Autopsy images of Ngatikaura Ngati

Ngatikaura Ngati was a New Zealand toddler of Tongan descent who died of child abuse in January 2006. After the conclusion of the trial of Ngati's killers, a judge ordered the release of the coroner's autopsy photographs of the child, for the purpose of encouraging the public to report other instances of abuse. TVNZ 1 broadcast the images, and they subsequently appeared on the Internet, sparking a debate about the balance between promoting awareness of child abuse, and maintaining dignity and respect for the deceased child.

Death

Ngati was fostered by a cousin of Maine Annabella Ngati, his biological mother, in a Tongan language environment. Shortly after his third birthday, he was returned to his birth mother at her request. She, her partner Teusila Fa'asisila, and their other children only spoke English. Within three months, Ngati was dead. Photos taken during the autopsy showed bruises from repeated beatings and weeping sores, one of which was "the size of a man's hand on his bottom."{{cite web |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10439204 |title=From happiness to hell |date=May 12, 2007 |accessdate=5 October 2012 |last=Binning |first=Elizabeth |work=The New Zealand Herald |archive-url=https://web.archive.org/web/20120102081115/http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10439204 |archive-date=2012-01-02 |url-status=live }} Ngati's mother and Fa'asisila were found not guilty of murder, but guilty of manslaughter, failing to provide a child with the necessities of life (medical care), and willful ill treatment of a child.{{cite web |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10445880 |title=Ex-carer tells boy's killers to hang themselves |work=The New Zealand Herald |date=15 June 2007 |last=Vass |first=Beck |accessdate=8 October 2011 |archive-url=https://web.archive.org/web/20150924133036/http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10445880 |archive-date=2015-09-24 |url-status=live }} In June 2007, both were sentenced to eight and a half years in prison, with a minimum non-parole period of four years and eight months.{{cite web |url= http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10446071 |title=Toddler's killers get 8 1/2 years |work=The New Zealand Herald |date=16 June 2007 |last=Vass |first=Beck |accessdate=8 October 2011}} Ngati's mother gave birth to another child while in custody, which was placed with either foster or adoptive parents.{{cite web |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10772405 |title=Child killer gives birth in jail |work=The New Zealand Herald |last=Carroll |first=Joanne |date=11 December 2011 |quote='She has a lot of children and we believe she has even given birth to another child while on this prison sentence. That child has been fostered or adopted into the community,' the report said. |accessdate=11 December 2011 |archive-url=https://web.archive.org/web/20111210232706/http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10772405 |archive-date=2011-12-10 |url-status=live }} She was declined parole in November 2011. Fa'asisila was expected to be deported to Tonga upon his release in December 2011.{{cite web|title=Teusila Ki Vaiola Fa'asisila |url=http://www.safe-nz.org.nz/Data/faasisilateusila.htm |work=Offender Database |publisher=Sensible Sentencing Trust |accessdate=6 October 2012 |url-status=dead |archiveurl=https://web.archive.org/web/20121013190540/http://safe-nz.org.nz/Data/faasisilateusila.htm |archivedate=13 October 2012 }}

Distribution of the images

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|quote = [It is] questionable whether publication of autopsy photographs of a young child beaten to death could ever be in the public interest.

|source = Cindy Kiro, Children's Commissioner, {{nowrap|March 2008}}

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After trial, in an unusual and controversial move, Auckland High Court Judge Graham Lang allowed the release of the autopsy photos into the public realm, and allowed New Zealand's TV One (New Zealand) (TVNZ) to film the autopsy photographs "so that they may give pause to those people who choose to ignore that their family members are being hurt". Since then, the images have been distributed through television, email, and web, fueling controversy and debate along the way.

=Broadcast television=

TVNZ broadcast the images during a television news programme at 6pm on 6 August 2007. During that segment, Children's Commissioner Cindy Kiro is shown commenting that the public did not need to see these "graphic images to show them how badly damaged this child was."{{cite web|title=Call to stand up against abuse|url=http://tvnz.co.nz/view/page/411425/1273282|publisher=TV One (New Zealand)|accessdate=16 October 2012|date=6 August 2007|archive-url=https://web.archive.org/web/20180316210342/http://tvnz.co.nz/view/page/411425/1273282|archive-date=2018-03-16|url-status=live}} After the broadcast, she lodged a complaint with the Broadcasting Standards Authority (BSA), arguing that "[One News] had displayed a disregard for the rights of the young victim and exploitation of him by showing these photos". Calling the broadcast a "further abuse in death" of the child, Kiro said that it was "... questionable whether publication of autopsy photographs of a young child beaten to death could ever be in the public interest." Her complaint alleged violations of several of the BSA's standards, including "good taste and decency", "privacy", "fairness", "children's interests", and "violence".

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|quote = [The Authority] recognises that news programmes will often contain "violent, disturbing or alarming material", and that broadcasters "should not falsify by omission, a world in which much violence and brutality occurs".

|source = Broadcasting Standards Authority, {{nowrap|March 2008}}

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The complaint was investigated, but was "not upheld" on all counts. With respect to "good taste and decency" the BSA acknowledged that "the autopsy images would have been distressing to some viewers. However, they conveyed the grim reality of child abuse in the context of [a news] item...." They ruled that their privacy and fairness standards did not apply to deceased individuals – they did point out, however, that TVNZ complied with the judge's stipulations against showing the boy's face and genitals, and, "in this respect, the Authority finds that TVNZ exercised care and discretion in order to preserve the child's dignity."{{cite news|title=Complaint about autopsy photos rejected|url=http://www.stuff.co.nz/dominion-post/archive/national-news/340740/Complaint-about-autopsy-photos-rejected|accessdate=16 October 2012|newspaper=The Dominion Post|date=1 April 2008}}

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|quote = The more the public of New Zealand is aware of the problem, the more chance something will be done.

|source = Roger McClay, Preceding Children's Commissioner, {{nowrap|August 2007}}

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Regarding violence, the Authority quoted from their guidelines, which "recognises that news programmes will often contain 'violent, disturbing, or alarming material', and that broadcasters 'should not falsify by omission, a world in which much violence and brutality occurs'".{{cite web |url=http://www.bsa.govt.nz/decisions/show/2971 |title=Kiro and Television New Zealand Ltd - 2007-111; Complaint under section 8(1)(a) of the Broadcasting Act 1989 |work=bsa.govt.nz |date=26 March 2008 |publisher=Broadcasting Standards Authority |accessdate=5 October 2012 |archive-url=https://web.archive.org/web/20120415074328/http://www.bsa.govt.nz/decisions/show/2971 |archive-date=15 April 2012 |url-status=dead }} TVNZ provided advance warning to viewers, and didn't display the images until two minutes into the story played a role in the BSA's decision-making, especially with respect to children's interests. Although the complaints were not upheld, two of the Authority's members went on record to note that "it is unusual to see autopsy photographs in the 6pm news, particularly involving children", and that "the warning could have made a specific reference to autopsy photographs of a child, in order to leave viewers in no doubt as to the content of the report."

=Email petition=

The images were also circulated in an email sent by a protest group calling for tougher jail terms for child abusers,{{cite web|url=http://www.biggie.co.nz/discussion/the_real_face_of_child_abuse_in_nz_size9warning_tear |title=The real face of child abuse in NZ |work=biggie.co.nz |date=31 July 2007 |accessdate=9 October 2011 |url-status=dead |archiveurl=https://web.archive.org/web/20120225155059/http://www.biggie.co.nz/discussion/the_real_face_of_child_abuse_in_nz_size9warning_tear |archivedate=25 February 2012 }} with Kiro calling their use "abhorrent".{{cite web |url= http://www.stuff.co.nz/the-press/14389/Photos-sent-in-emails-of-dead-boy-slammed |title=Photos sent in emails of dead boy slammed |work=stuff.co.nz |date=5 August 2007|accessdate=8 October 2011}}{{cite web |url= http://www.stuff.co.nz/46753/Grisly-photos-in-email-petition |title=Grisly photos in email petition |work=Stuff |date=6 August 2007 |quote=|accessdate=8 October 2011}} Ngati's name (but not images) were used by Family First to advocate tougher sentences for child abuse,{{cite web |url=http://www.scoop.co.nz/stories/PO0802/S00330.htm |title=Sentence for Beating Partner to Death slammed |publisher=Family First / Scoop (website) |work=Press Release |date=28 February 2008 |quote=His entire body was covered in bruises and his blood was found in every inch of the house. Yet his mother and step-father will be up for parole in four years. |accessdate=8 October 2011 |archive-url=https://web.archive.org/web/20160304220844/http://www.scoop.co.nz/stories/PO0802/S00330.htm |archive-date=2016-03-04 |url-status=live }} and to highlight female family violence perpetrators.{{cite web|url=http://www.scoop.co.nz/stories/PO0707/S00373.htm|title=Child Abusers Are Also Women|publisher=Family First / Scoop|work=Press Release|date=31 July 2007|accessdate=8 October 2011|archive-url=https://web.archive.org/web/20150926071058/http://www.scoop.co.nz/stories/PO0707/S00373.htm|archive-date=2015-09-26|url-status=live}} Family First's Bob McCroskie supported the shock value of the images. The images have also been used on placards (protest signs).{{cite web |url= https://www.flickr.com/photos/blake662003/1228828040/ |title=Ngatikaura Ngati |work=flickr.com |year=2011 |accessdate=8 October 2011|quote=}}

Preceding Commissioner Roger McClay said, that use of the photos would serve to raise awareness of the child abuse "epidemic", which was not well known amongst New Zealanders. He added, "The more the public of New Zealand is aware of the problem, the more chance something will be done."{{cite web |url= http://www.stuff.co.nz/dominion-post/archive/national-news/10681/E-mailer-backs-abuse-photos |publisher=Dominion Post |title=E-mailer backs abuse photos |work=Stuff |date=6 August 2007 |accessdate=8 October 2011}} Inspector Richard Middleton, who was involved in the original police case, said, "The case was very disturbing in view of the amount of violence used against a defenceless three-year-old. Anything that raises awareness and prevents it happening again is great."

=Shock web sites=

Some time later, the photos appeared on Internet shock sites; some sites are characterized as pornographic.{{cite web|title=Dead child's pictures posted on pornographic website|url=http://www.odt.co.nz/news/national/181383/dead-childs-pictures-posted-pornographic-website|publisher=Otago Daily Times |accessdate=10 October 2012|date=7 October 2011|archive-url=https://web.archive.org/web/20111009022817/http://www.odt.co.nz/news/national/181383/dead-childs-pictures-posted-pornographic-website|archive-date=2011-10-09|url-status=live}} In 2011, months after taking office as Children's Commissioner, Russell Wills said he was "appalled" at their use.{{cite web |url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10757456 |title=Disgust over dead boy's pictures on porn site |publisher=New Zealand Herald |date=8 October 2011 |quote=Ngatikaura Ngati died after horrific abuse by his parents. Children's advocates are appalled that pictures of a young Auckland boy killed by his parents were posted on a pornographic site featuring beheadings, impalement and necrophilia. |accessdate=8 October 2011 |archive-url=https://web.archive.org/web/20111104102623/http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10757456 |archive-date=2011-11-04 |url-status=live }}

Court documents

[http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZHC/2007/1727.html R v Ngati HC Auckland CRI-2006-092-01919 2007 NZHC 1727 (8 May 2007)]
[http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZHC/2007/1850.html R v Ngati HC Auckland CRI-2006-092-001919 2007 NZHC 1850 (15 June 2007) ]
[http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZBSA/2008/25.html TVNZ and Kiro - One News - Autopsy photos of child - Good taste and decency, privacy, fairness, programme classification, children's interests, and violence - Not upheld. - 2007-111 2008 NZBSA 25 (26 March 2008) ]
[http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZIPT/2011/500158.html Fa'asisila v Minister of Immigration 2011 NZIPT 500158 (9 December 2011)]