BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An item on Newsnight broadcast on 15 August 1995 on TV2 examined illegal street

racing in the streets of South Auckland.

Mr Minchington complained to Television New Zealand Ltd that the description of

the street racing as drag racing was an unbalanced and unfair portrayal of real drag

racing, which is a legitimate sport recognised world wide.

TVNZ in its response argued that while the participants themselves described their

driving as drag racing, its reporter referred to them only as "drags" and made it clear

that their activities were illegal. It maintained that nowhere was it stated or implied

that the activity shown was real drag racing and declined to uphold any aspect of the

complaint. Dissatisfied with that decision, Mr Minchington referred the complaint to

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

For the reasons below, a majority of the Authority upheld the complaint that the item

was inaccurate and unfair.

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.

A Newsnight report broadcast on TV2 by Television New Zealand Ltd on 15 August

1995 at 10.45pm featured young people involved in illegal car racing in the streets of

South Auckland. The reporter, and those interviewed, referred to the activity as

"drags" and some of the manoeuvres were demonstrated for the camera.

Lloyd Minchington complained to TVNZ that it was inaccurate, unfair and unbalanced

to describe the street racing portrayed as drag racing. Furthermore, he alleged, the

depiction of drugs, alcohol and diesel being spilled on the roads brought the whole

sport into disrepute and encouraged discrimination against those who participated in

the legitimate sport of drag racing.

TVNZ assessed the complaint against the standards nominated by Mr Minchington –

G1, G6, G13 and G14 of the Television Code of Broadcasting Practice. Those

standards require broadcasters:

G1   To be truthful and accurate on points of fact.

G6   To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature.

G13  To avoid portraying people in a way which represents as inherently

inferior, or is likely to encourage discrimination against, any section of

the community on account of sex, race, age, disability, occupation

status, sexual orientation or the holding of any religious, cultural or

political belief. This requirement is not intended to prevent the

broadcast of material which is:

i) factual, or

ii) the expression of genuinely-held opinion in a news or

current affairs programme, or

iii) in the legitimate context of a humorous, satirical or

dramatic work.

The other standard reads:

G14  News must be presented accurately, objectively and impartially.

TVNZ maintained nowhere in the item was it stated or implied that the activity

represented was drag racing, arguing that viewers would not have mistaken "the late-

night shenanigans" shown with the legitimate sport of drag racing. It believed it was

clear that the young people were "hoons" and not the skilled sports people involved

with drag racing as a sport. It therefore declined to uphold the complaint that the item

was inaccurate.

Turning to the allegation that the item lacked balance and was in breach of standard

G6, TVNZ countered that there was no suggestion that a legitimate sport was being

depicted in the item. Therefore, it argued, there was no pro or anti stance taken and

the item was simply a factual piece about some young drivers in South Auckland.

TVNZ rejected the complaint that the sport and its adherents were discriminated

against in contravention of standard G13, arguing that since they were not part of the

story, no "right-thinking viewer" would link the drivers depicted with the legitimate

sport of drag racing.

Finally, TVNZ considered the complaint that the item lacked impartiality and thus

was in breach of standard G14. It rejected that aspect of the complaint on the grounds

that the item was not dealing with the sport of drag racing and did not purport to be.

While it was clear that the item did not portray "legitimate" drag racing, a majority of

the Authority accepted that viewers could readily reach the conclusion that the

activity depicted involved participants on the fringe of the sport who sought to

emulate the real thing. It reached that conclusion because a close analysis of the script

revealed that the reporter described the South Auckland street racing as "drags", and

she made no attempt to draw a distinction between that and the legitimate sport of

drag racing other than to acknowledge that the street racing was illegal. Because the

people interviewed represented their activities as drag racing, it was inevitable that

many viewers would draw the conclusion that there was a link between the matters

portrayed in the item and the legitimate sport. Accordingly, because of the

probability that the linkage would be made, the majority upheld the complaint that the

portrayal of the activities shown as drag racing was inaccurate.

Turning to the argument that the item sensationalised certain aspects of drag racing

which resulted in an unbalanced and unfair portrayal of the sport, the majority

believed that many viewers would have gained the impression that legitimate drag

racing was also reckless and irresponsible, as portrayed in the item. It considered that

because such a portrayal had an adverse effect on its lawful participants it was unfair

and in breach of standard G6.

A minority disagreed on the grounds that the same terminology is used regardless of

whether it is sanctioned by "official" drag racing or not. The Oxford Dictionary offers

different usages for the same word which cover both "legitimate" and "illegitimate"

drag racing, therefore the minority argued that it was a problem the legitimate sport's

promoters were likely to have to continue to live with. It decided that the terminology

was not used unreasonably by the broadcaster.

The Authority rejected the complaint under standard G13 that the item treated drag

racers as inferior or discriminated against them. It did not believe that the item would

have encouraged viewers to regard drag racers as inferior or to discriminate against

them. It considered the complainant's concern – that the item dealt with drag racers

unfairly – was dealt with under standard G6 considered above.

Because of the overlap in the standards, the Authority decided to subsume the

standard G14 aspect of the complaint under standards G1 and G6, which it has

considered above.

For the reasons set forth above, a majority of the Authority upholds the

complaint that the broadcast by Television New Zealand Ltd of an item on

Newsnight on TV2 on 15 August at 10.45pm was inaccurate and unfair.

The Authority declined to uphold any other aspect of the complaint.

Having upheld a complaint, the Authority may make an order under s.13(1) of the

Broadcasting Act 1989. It does not intend to do so on this occasion because its

decision was a majority one. Although the item has been subject to another complaint

in which the Authority ordered the broadcast of a statement, the matters raised in each

complaint are separate and the order imposed on that occasion applies to distinct

circumstances.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
19 December 1995

Appendix

Mr Minchington's Complaint to Television New Zealand Ltd – 21 August 1995

Lloyd Minchington of Christchurch complained to Television New Zealand Ltd that

the broadcast of an item on Newsnight on 15 August at 10.45pm breached

broadcasting standards.

The item, he noted, purported to deal with drag racing and street racing, illegal or

otherwise. By way of clarification, Mr Minchington explained what drag racing and

burnouts entailed. In contrast, he continued, the item showed cars spinning in circles,

with smoking tyres and being under limited control. He noted that alcohol was

present and that the racing was on an asphalt area which had been soaked in diesel. He

contended that the item did not portray drag racing fairly, adding:

In my opinion the words "drag racing" and "burnouts" are used to

sensationalise the item and the end result was an unbalanced and unfair

portrayal of drag racing as a sport.

Mr Minchington explained that drag racing was recognised as a legitimate motor sport

throughout the world and for it to grow, it relied on sponsorship. He questioned what

impact the item's portrayal of the sport would have had had on potential or current

sponsors.

Mr Minchington sought a copy of the tape of the item and the trailers leading up to it.

He appended some background information about the sport of drag racing.

TVNZ's Response to the Formal Complaint – 18 September 1995

TVNZ responded that at no time did its reporter describe the activities as "drag

racing", referring to them only as "drags", and that she had made it clear that what was

shown was illegal. Although the participants themselves described their pursuit as

drag racing, TVNZ's view was that no viewer could have mistaken their late night

antics with the legitimate sport of drag racing.

Turning to the standards cited, TVNZ rejected the complaint that the item breached

standard G1, pointing out that nowhere in the item was it stated or implied that the

activity represented was drag racing. It believed it was clear the young people were

"hoons" and not involved in the legitimate sport of drag racing.

As far as standard G6 was concerned, TVNZ did not believe balance was required

because there was no suggestion that a legitimate sport was being portrayed. It

described the item as:

...a simple factual piece about a group of drivers engaged in an aspect of South

Auckland nightlife of which few viewers might be aware.

TVNZ rejected the standard G13 complaint, stating that the item did not bring the

sport or its adherents into disrepute. It did not believe any right-thinking viewer

would have linked the young drivers with the legitimate sport of drag racing.

With reference to standard G14, TVNZ did not believe the item lacked impartiality

because it was not dealing with the sport of drag racing and made no pretence at doing

so. It declined to uphold any aspect of the complaint.

Mr Minchington's Referral to the Authority – 10 October 1995

Dissatisfied with TVNZ's decision not to uphold his complaint, Mr Minchington

referred it to the Authority under s.8(1)(a) of the Broadcasting Act 1989.

Mr Minchington agreed that the reporter referred to "drags" and not drag racing but

noted that since the participants themselves referred to drag racing, the implication

was still there that drag racing was being depicted.

Secondly, he pointed out that the trailers leading up to the item and the presenter's

comments did refer to drag racing and thus set the tone for the item. He maintained

that the trailers also had to be examined in order to understand his complaint.

Mr Minchington argued that the public would not make a distinction between "drags"

and "drag racing" and he argued that as soon as those terms were used in the item,

viewers would have assumed it was about the legitimate sport.

Next, he argued that the use of alcohol, drugs, dangerous driving and diesel being

poured onto roads were hardly the activities of a legitimate sport and brought the

whole sport and its participants into disrepute. Finally, with reference to standard

G14 he wrote:

The item cannot be accurate if the label attached to an item is not what is

presented.

Mr Minchington suggested that TVNZ recognised that what was presented was not

drag racing. This, he maintained, was the whole basis of his complaint. He concluded:

The final question is whether the words "drags" or "drag racing" refer to a

sport and as such, is that the public perception of these terms?

TVNZ's Response to the Authority – 25 October 1995

When asked to comment on the referral, TVNZ did not accept that a disinterested

viewer would have believed they were watching a display of drag racing. It denied that

there was a link suggested or implied between this and the well-known sport of drag

racing and that the impression given was of a group of amateurs burning up the streets

of South Auckland in elderly cars.

Referring to the request to examine the trailers, TVNZ wrote that as far as it could

ascertain there was no reference to drag racing in the advance promotion for the item.

It advised that the promo broadcast at 8.30pm stated:

"And doughnuts, wheelies and line-locks...Kim Webby patrols petrol-head

madness in South Auckland."

That promo was accompanied by pictures of cars taken from the item.

Mr Minchington's Final Comment – 8 November 1995

In response to TVNZ, Mr Minchington repeated that his objection to the item was

that the people portrayed (accurately described in TVNZ's correspondence as

"hoons") and their illegal activities were linked to the legitimate sport of drag racing.

In his view, the public and potential sponsors were given a distorted view of drag

racing because of this inaccurate media coverage.

As for his reference to trailers, Mr Minchington advised that he was referring to the

comments made by the presenters during the programme, before the item was

screened.