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Max Key has pulled an episode of his podcast which included how a man died by suicide – information which is against the law to broadcast.
The man’s widow has told Stuff she was shocked to learn specific details of the death had been made public, worried their young children could have been exposed to it.
And a former judge has called it “extraordinarily unwise” for Key to have published.
The son of former prime minister Sir John Key launched his podcast “Key’d Up” three months ago. According to the show’s own blurb “growing up in the spotlight has given Max a unique perspective that makes for interesting and exciting conversations. He asks questions no one asks, and gets answers no one’s heard”.
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Guests have included politicians, athletes and until recently, former radio host and long-time broadcaster Dom Harvey.
The pair discussed Harvey’s radio career, their experiences of being in the public eye and mental health.
During their discussion about mental health, Harvey spoke about a friend who’d committed suicide, including going into detail about how he did it.
There are laws about what must not be broadcast or published when it comes to suicide in order to protect vulnerable people and grieving families.
Specifically, the Coroners Act states that no person may make public the method or suspected method of a self-inflicted death.
Supplied
Dom Harvey was a broadcaster on radio station The Edge for 20 years.
Individuals who commit an offence may be fined up to $5000 or up to $20,000 for organisations.
The law means Stuff cannot republish what was said on Key’s podcast.
Stuff approached Key with questions about the episode’s content last week. He did not respond.
However, the episode has since been scrubbed from podcast providers.
The man’s widow had not been aware of the podcast. Stuff has agreed not to identify the woman in order to preserve her family’s privacy.
She said while it was good Key and Harvey were speaking openly about men’s mental health, they “went too far” which was “unnecessary and dangerous”.
“Talking about specific details of my husband’s suicide went too far,” she said.
“It’s upsetting to hear, was unnecessary and dangerous, as can put vulnerable people at risk.”
Director of the Suicide Prevention Office Sarah Hetrick said broadcasting and reporting on suicide carried risk of perpetuating harm.
“Publicity of an incident can increase the likelihood of others, particularly those who identify closely with the person/people being reported about, copying their actions. We know that this is particularly the case when methods are described.”
Hetrick said removing the podcast was “the correct and responsible course of action”.
DAVID WHITE/STUFF
Dom Harvey apologised to his late friend’s wife for his comments.
Harvey, who hosted on radio station The Edge for 20 years, admitted to Stuff he did not know it was illegal to make suicide methods public.
“I’m genuinely sorry,” he said.
Harvey said he had learnt from his mistake and wouldn’t repeat it.
“The death of this awesome man is something that caused me to sit up and make my own mental health a priority.
“I’m particularly sorry for any distress this has caused the family.”
Retired district court judge, now lawyer, David Harvey said he believed the podcast breached the Coroners Act and it was “extraordinarily unwise” for Key to have published it.
“He could be in some difficulty over that,” he said.
Most people would find it “grossly offensive” for someone to publish details of a suicide, he said.
“Mental health is such a sensitive issue.”
Publishing the method of someone’s suicide could also be distressing to a grieving family, he said.
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“They don’t need this sort of thing coming out.”
The retired judge said broadcasting a suicide method on mainstream media would likely result in being “hauled into the boss’ office pretty damn quick”.
As the publisher of the content, liability would be with Key.
If prosecuted, he could face a lesser fine due to having removed the podcast, he added.
Police were unaware of the breach when approached by Stuff.
“We do not have a copy of the episode you have reported to us, nor have we immediately been able to locate a copy online,” a police spokesperson said.
Phil Walter/Getty Images
On his podcast, Max Key recalled parents John and Bronagh Key telling him during high school that nothing was worth ending his life over. (Photo taken in 2014)
Netsafe’s chief online safety officer Sean Lyons said the man’s family could seek remedy for any harm experienced through the Harmful Digital Communications Act.
Netsafe could also arrange mediation to arrange a solution for both parties to avoid the matter going to court.
The complainant may opt to take the matter to civil court, which can order the removal of content – which has already been done in this case – a public apology or a right of reply to be included with the content.
It is illegal to incite someone to take their own life and Lyons said a judge could rule the comments amounted to this.
During the discussion on mental health, Harvey said his friend’s death made him realise he needed to be more open about his feelings.
Key spoke of his own experience of depression and shared some advice given to him by his parents.
“There’s always a solution. It may not feel like it at the time.”
Where to get help
- 1737, Need to talk? Free call or text 1737 to talk to a trained counsellor.
- Anxiety New Zealand 0800 ANXIETY (0800 269 4389)
- Depression.org.nz 0800 111 757 or text 4202
- Lifeline 0800 543 354
- Mental Health Foundation 09 623 4812, click here to access its free resource and information service.
- Rural Support Trust 0800 787 254
- Samaritans 0800 726 666
- Suicide Crisis Helpline 0508 828 865 (0508 TAUTOKO)
- Yellow Brick Road 0800 732 825
- thelowdown.co.nz Web chat, email chat or free text 5626
- What’s Up 0800 942 8787 (for 5 to 18-year-olds). Phone counselling available Monday-Friday, noon-11pm and weekends, 3pm-11pm. Online chat is available 3pm-10pm daily.
- Youthline 0800 376 633, free text 234, email talk@youthline.co.nz, or find online chat and other support options here.
- If it is an emergency, click here to find the number for your local crisis assessment team.
- In a life-threatening situation, call 111.
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