Defamation Charge is Coming

Barrie Saunders

Harlow says

Publications Officer, Neil Woodhams, and the Students Association are being threatened with a defamation case by former Salient Advertising Manager John Harlow,

From Turangi Mr. Harlow told Salient he was "definitely taking action." "Neil Woodhams is the first defendant and the Students Association the second"

"The case will be based on accusations made at Executive meetings and a letter sent to businessmen. The accusations were incorrect and the letter was damaging to my character" he said.

The letter concerned was sent by Neil Woodhams to advertisers advising them of the decision to suspend Mr. Harlow from his position of advertising manager of Salient.

The dispute between Mr. Harlow and the Students' Association has its roots in the middle of 1966.

Publications Committee decided Salient would from issue No. 10 pay advertising agencies their normal agency commission of 20 per cent.

Mr. Harlow (Advertising Manage) spoke against the move claiming Salient could not afford an extra 20 per cent in commission in addition to his 15 per cent.

However members of the committee felt the long term advantages outweighed the inilial losses in revenue.

It was discovered late September when Salients incoming payments from advertisers started to dry up. that Mr Harlow had debited almost all advertisers who were not using an agency (i.e the majority) to "Harlow Advertising Services" (HAS) an unincorporated body.

Harlow Advertising Services was billing these advertisers and intended passing on this revenue less 20 per cent (being the claimed commission) to the Students' Association.

On discovering this move by Mr. Harlow the Students' Association obtained on September 20 from its lawyers a legal opinion on Mr. Harlow's action.

Hearing of the move by the Students' Association to obtain a legal opinion. Miss J. C. Ford, Secretary of HAS. wrote to the association's lawyers on September 22 outlining their case.

The letter read . . . "HAS is an advertising agency formed in February 1966. which prepares advertising copy, plans promotional campaigns and places advertisements with a number of advertising media including Salient . . . Following receipt of an official circular from the VUSA advising all advertising agencies of Salients decision to pay an agency commission, as from issue 10, the Manager of HAS was instructed by the directors to ensure that in future a formal space order was placed with Salient, in accordance with their normal practice when claiming agency commission.

Following receipt of invoices from Salient. Harlow Advertising Services has proceeded to carry out its responsibilities as an advertising agency and collect payments from clients. This money, less deduction of the commission, has been passed on to Salient at the end of each month.

Mr. Harlow, in his capacity as Advertising manager of Salient, has received orders from HAS in the same manner as he has received space orders from all other agencies, and he has treated them all equally."

On September 24 John McGrath. President of the Students' Association. suspended Mr. Harlow as Advertising Manager of Salient. He said in a letter to Mr. Harlow: "This suspension is conditional and you will be reinstated by the association on fulfilment of the following conditions:

1	That you. or HAS. account immediately for all monies purportedly collected for Salient, including the 20 per cent commission claimed, in writing.
2	That you. or HAS. supply full details of advertising for issues 13 and 14 of Salient 1966, so that in voicing may be carried out by Salient.
3	That you, or HAS. pay over gross accounts owed to Salient within 10 days of today, or give a promissory note to the Students' Asso ciation for the total cross amounts within seven days of today, the said promissory note falling due on October 21. 1966.

By letter on September 30 HAS advised the amount collected and stated the total amount due on "advertisements eligible for commission would be forwarded within the next few days."

At 12.30pm. September 30. Mr. Harlow made an offer to Mr. McGrath to settle the dispute. Acceptance would have given HAS 20 per cent commission on issues 10, 11 and 12 of Salient but not on issues 13 and 14. Also reinstatement of Mr. Harlow as Advertising Manager.

In a statement Mr. McGrath said: "I immediately advised Harlow that this offer was totally unacceptable to the Students' Association and that the conditions set forward in my letter of September 24 had still to be fulfilled by 1.30pm on Saturday October 1 1966. if Mr. Harlow was to be reinstated as Advertising Manager."

The financial position has yet to be resolved. According to Neil Woodhams the Students' Association owes Harlow alightly more than HAS owes the Students' Association. So Harlow will shortly receive a small cheque for the balance.

Mr. Harlow intends taking legal action to recover outstanding commission owed to him and also to HAS. He told Salient approximately "£120" was due to himself and about "£150 to HAS." 'I will be taking action when I am clear on what the Students' Association is intending to do." he said.

It is not known when Mr. Harlow will start the proceedings on the defamation case. He told Salient he was "still gathering evidence," and it won't be until he is back in Wellington. At the moment Mr. Harlow is working for a New Plymouth based newspaper.