BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A speculative comment about the possible future of the Right of Centre Party was

included in an item on 3 National News broadcast on 12 October 1995 between

6.00–7.00pm.

Mr Ross Meurant MP, leader of the Right of Centre Party, complained to TV3

Network Services Ltd, the broadcaster, that the statement was a very misleading

interpretation of the theme of his interview and that he regarded the reporter as lacking

in professional integrity.

In response, TV3 advised that its reporter confirmed that more than one source

speculated that Mr Meurant's party might join the United Party and that in light of

Mr Meurant's reported comments on the desirability of amalgamating some of the

smaller parties, he had little reason to question the information. It reported that Mr

Meurant had later been given an opportunity to respond to the reporter's comment

but that offer was declined. Dissatisfied with TV3's decision declining to uphold the

complaint, Mr Meurant referred it to the Authority under s.8(1)(a) of the

Broadcasting Act 1989.

For the reasons below, a majority of the Authority declined to uphold the complaint.

Decision

The members of the Authority have viewed the item complained about and have read

the correspondence (summarised in the Appendix). As is its practice, the Authority

has determined the complaint without a formal hearing.

The future of the Right of Centre Party (ROC) and other minor parties was the

subject of an item on 3 National News broadcast by TV3 Network Services Ltd on 12

October 1995 between 6.00–7.00pm. The item interviewed ROC's leader (Ross

Meurant MP) about his suggestion that in order to survive, the smaller parties should

amalgamate. By way of comment after the excerpt from the interview, the reporter

then noted that "some observers" believed that ROC wished to join the United Party.

Mr Meurant complained to TV3 that the reporter's conclusion that ROC wanted to

join with United was a very misleading interpretation of the theme of his interview,

and that the point should have been put to him during the interview for confirmation.

He accused the reporter of lacking professional integrity.

When it responded to Mr Meurant, TV3 advised that it had considered the complaint

under standards G14, G15 and G21 of the Television Code of Broadcasting Practice.

Those standards read:

G14 News must be presented accurately, objectively and impartially.

G15 The standards of integrity and reliability of news sources should be

kept under constant review.

G21 Significant errors of fact should be corrected at the earliest opportunity.

In its investigation of the complaint, TV3 reported that it had questioned the reporter

concerned who explained that he had followed up a newspaper story which quoted

Mr Meurant as saying that in order to survive, the smaller parties would have to

merge under a new conservative banner. Those facts, the reporter advised, were

confirmed when he interviewed Mr Meurant. Later in the day, it was suggested to the

reporter that since ACT and the Christian Democrats were not enthusiastic about

combining under a conservative banner, ROC might want to join United. TV3 argued

that such a suggestion seemed consistent with what Mr Meurant had been saying.

Referring to standard G14, TV3 maintained that it was clear from the phrase "some

observers believe" that it was an opinion and therefore the statement did not breach

the standard. With respect to standard G15, TV3 advised that the source of the

information was normally reliable and, given the reporter's background knowledge on

the subject, there had been little reason to question it. Turning to the complaint that

standard G21 was breached because no correction was broadcast, TV3 advised that

Mr Meurant had been given an opportunity to appear in a follow-up item to be

broadcast after ROC had met to consider its future. However that offer was declined

by Mr Meurant. TV3 declined to uphold any aspect of the complaint.

The Authority considered that the reporter's comment, while speculative, was a

qualified guess based on facts known at the time. The main thrust of the story was

that ROC's leader was seeking support from other minor parties to combine under a

new conservative banner. In the Authority's view, the reporter was entitled to

advance the theory that the most logical possibility for the survival of the minor

parties, in particular, ROC, was possibly to form an alliance with United since that

party was best represented in Parliament.

Because it was made clear that the suggestion was based on the opinion of sources, the

Authority decided that there was no breach of standard G14 since that opinion was

accurately presented. It also concluded that there was no breach of standard G15

because the matters advanced by the complainant and TV3 did not seriously challenge

the integrity of the news sources. In addition, because Mr Meurant declined to accept

the offer to appear on a later programme where the matters would be clarified, it

declined to uphold the complaint that standard G20 was breached.

A minority of the Authority considered that TV3 should have examined the complaint

under standard G4. That standard requires broadcasters:

G4  To deal justly and fairly with any person taking part or referred to in

any programme.

In the minority's view, the crux of Mr Meurant's complaint was that he had not been

treated fairly because, in the course of preparing the item, TV3 had not followed

through on an observation of a "reliable source", (which was made subsequent to the

original interview), that Mr Meurant really wanted ROC to amalgamate with the

United Party, by seeking verification on that speculation from Mr Meurant himself.

Had the complaint been considered under standard G4, the standard which seemed to

the minority most appropriate in the circumstances, it would have upheld the

complaint.

The majority disagreed. First, it considered that TV3 had assessed the complaint

under the appropriate standards given the matters raised in the letter of complaint.

Secondly, should the issue of fairness in standard G4 have been relevant, it was of the

opinion that the speculation advanced by TV3 was neither inappropriate nor unfair in

the political arena in the lead-up to an MMP environment. In that situation, where

the politicians and the commentators had minimal history on which to draw,

imaginative, even robust speculation was to be anticipated.

For the reasons set forth above a majority of the Authority declines to uphold

the complaint.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
19 December 1995

Appendix

Mr Meurant's Complaint to TV3 Network Services Ltd - 13 October 1995

Ross Meurant MP, leader of the Right of Centre Party, complained to TV Network

Services Ltd that its broadcast of an item on 3 National News on 12 October 1995

between 6.00 - 7.00pm breached broadcasting standards.

During the item, the reporter suggested that some people wanted the Right of Centre

Party to join up with the United Party. In Mr Meurant's view, that put a very

misleading complexion on the theme of the interview which was that ROC was re-

evaluating its options. He noted that the reporter did not put that question to him

during the interview when he had the opportunity to verify its accuracy.

He described the reporter as lacking in professional integrity and ethics.

TV3's Response to the Formal Complaint - 19 October 1995

TV3 advised that it had considered the complaint under standards G14, G15 and G21

of the Television Code of Broadcasting Practice.

It noted that the words complained of were:

While neither ACT nor Christian Democrats show any enthusiasm for an

Alliance-type coalition, some observers believe Meurant and MP Trevor

Rogers really want to join United.

TV3 explained that the reporter had followed up a newspaper story in which Mr

Meurant was quoted as saying that the smaller parties need to merge under a new

conservative banner. According to the reporter, the basic facts of the story were

confirmed when he spoke to Mr Meurant. Later that day, a source suggested that

since ACT and the Christian Democrats were not likely to merge, ROC might wish to

join United. In the reporter's view, since Mr Meurant was urging smaller parties to

band together, this move did not seem surprising.

Referring to standard G14, TV3 maintained that the phrase "some observers believe"

made it clear that an opinion was being reported. With respect to standard G15, it

noted that its source was "normally reliable" and that the reporter had little reason to

question the information.

Finally, TV3 noted that it had offered Mr Meurant an opportunity to participate in a

"follow-up" story but that he had declined because of his dissatisfaction with TV3.

TV3 declined to uphold any aspect of the complaint.

Mr Meurant's Referral to the Authority - 2 November 1995

Dissatisfied with TV3's response, Mr Meurant referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Mr Meurant did not accept TV3's explanation. In his view, the reporter should not

have reported the incorrect assertion that he and Trevor Rogers wanted to join the

United Party. He pointed out that there was no evidence in TV3's response which

confirmed that there was any substance to the reporter's comments.

He described the reporter as being mischievous and deliberately misleading. At the

time the item went to air, neither he nor Trevor Rogers had spoken to United about

any political strategy and although he had spoken publicly about the need for the

smaller parties to unite, that was quite different from saying they wanted to join

United. Mr Meurant stated unequivocally that he did not wish to join United.

He concluded:

I have taken this action against TV3 because I tire of reporters taking liberties

with the truth and facts to churn out news items which are misleading in the

extreme and wrong in fact.

TV3's Response to the Authority - 8 November 1995

When asked if it wished to comment further, TV3 responded that it did not.