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Chief Ombudsman publishes final opinion on complaint against Pharmac
The Chief Ombudsman Peter Boshier has today released his opinion on a complaint from a radio journalist against the Pharmaceutical Management Agency (Pharmac).
On Friday 2 December 2022, the complainant was interviewed by her colleague for the drive time slot on Today FM where she presented a morning show.
In the interview, the complainant reported that Pharmac would imminently announce its decision to fund Trikafta, a drug used for the treatment of cystic fibrosis.
Shortly before going on air, the host of the drive time show had requested an interview with Pharmac and confirmation that it would be funding Trikafta. Pharmac responded saying it had not approved Trikafta for funding.
Some other news organisations had received information from Pharmac about the consultation phase of Trikafta, under embargo until two days after the radio show had aired. Pharmac offered to send Today FM the embargoed information, which it refused.
The complainant went ahead with their report, following which their employer was contacted by Pharmac who said they had breached the embargo.
Later that day Pharmac advised the complainant’s Network it would not be providing ‘information, nor interviews’ until the Network could be trusted again. Several days later Pharmac clarified that there would be a ‘stand down’ of one week in which Pharmac would provide ‘standard communications and media releases’ but not take part in interviews with the Network.
A complaint was then made to the Chief Ombudsman about Pharmac’s actions and decisions.
Peter Boshier formed the opinion that Pharmac’s decision not to provide information or interviews to the complainant’s media network during the period in question was unreasonable.
He noted it was unclear why the reporting on Today FM was inaccurate or in breach of an embargo. However, even if the reporting had been inaccurate or in breach of an embargo, Pharmac’s response, in particular its initial response, was unreasonable as it lacked clarity on how to resolve matters, as well as the extent or duration of the restrictions.
The Ombudsman acknowledged that an agency is able to determine whether an interview is the most appropriate way of providing information at the time of a media request. However, his expectation is that any request for an interview would be considered on its merits, and for alternate mechanisms to remain accessible for responding to requests for information, including under the OIA.
Pharmac has accepted that Today FM did not breach its embargo, that there were alternative ways to resolve its concerns about the reporting, and it should not have imposed the stand-down. Pharmac will also be apologising to the complainant.
No recommendations were made by the Chief Ombudsman.
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