BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Expressing the opinion that New Zealand voters did not want an 'Italian style of

government which is constantly falling and having to be replaced', the presenter of

Capital TV's Local Edition made the comment while interviewing the authors of a

recently released book on MMP. The broadcast took place between 7.30–8.00pm on

Wednesday 29 May 1996.

J D'Errico complained to Capital City Television Ltd that the remark, based

apparently on misinformation and prejudice, was offensive and inaccurate, and

portrayed Italians as inferior.

Maintaining that the comment was directed at the Italian electoral system and not the

Italian people, Capital TV declined to uphold the complaint.

Dissatisfied with the broadcaster's decision, J D'Errico referred the complaint to the

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

For the reasons below, the Authority declines 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

determines the complaint without a formal hearing.

The forthcoming MMP electoral system was discussed on Capital TV during the

evening of 29 May. The presenter interviewed two authors of a recently released

book which dealt with the system.

Ms D'Errico wrote to Capital TV about the presenter's comment that the electorate

wanted stability. The presenter had added, Ms D'Errico complained, that New

Zealand did not want an 'Italian style government' which needed to be replaced

constantly. Ms D'Errico maintained that the comment was offensive, in bad taste,

inaccurate and unfair to Italians and treated them as inferior. She maintained that the

Italian style of government encouraged debate.

If a complainant does not nominate specific standards under which a complaint is

lodged, it is the responsibility of the broadcaster to record the appropriate standards

pursuant to which the complaint has been assessed.

Capital TV failed to meet its obligations on this point and the Authority has

nominated the following standards. They require broadcasters:

G1  To be truthful and accurate on points of fact.

G2  To take into consideration currently accepted norms of decency and

taste in language and behaviour, bearing in mind the context in which

any language or behaviour occurs.

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, occupational

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.

Capital TV reported that the presenter had said that the electorate 'doesn't want an

Italian style of government which is constantly falling and having to be replaced.' As

the comment referred to the Italian system and not to the Italian people, it declined to

uphold the complaint.

Describing the remark as culturally insensitive when she referred her complaint to the

Authority, Ms D'Errico drew an analogy with President Clinton's remark about

Americans and wrote:

... anyone who criticises the Italian electoral system criticises the Italian people

who have chosen and do venerate their chosen Italian style government

system.

In its assessment of the complaint, the Authority begins with the presenter's

comment to which Ms D'Errico objected. The presenter compared the proposed

MMP system in New Zealand with only one aspect of the Italian system. She

suggested that New Zealanders considered stability to be a desirable quality of any

political system it adopted.

In her initial complaint, Ms D'Errico wrote fervently about the Italian system. She

said that it was intelligent and passionate and, in the interests of democracy,

highlighted the freedom of speech and actions. Moreover, it allowed the opportunity

for voters to replace politicians who did not perform up to expectations.

The presenter's comment to which objection was taken, in the Authority's view, did

not reflect adversely on the Italian attributes of intelligence, passion, freedom of

speech and democracy. Indeed, they are qualities which New Zealanders would

endorse.

The one difference is the extent to which replacing politicians quickly is an important

criterion for voters. Putting aside the point that a general election must be held in New

Zealand every three years at which time voters may replace politicians (unlike four or

five years in most other democracies), the Authority accepts that the presenter was

entitled to comment about the stability of MMP. As that system is yet to be seen in

operation in New Zealand, the Authority believes it was appropriate to raise the issue

of stability with some experts as the possibility of instability is a comment, indeed a

criticism, made of MMP by its opponents. As the comment focussed dispassionately

on one distinction between the attitude of New Zealanders and Italians to the electoral

process, the Authority does not regard it as inaccurate or offensive. Further, it does

not accept that it portrayed Italians as inferior.

For the above reasons, the Authority declines to uphold the complaint.

Signed for an on behalf of the Authority.

Judith Potter
Chairperson
19 September 1996

Appendix

J D'Errico's Complaint to Capital City Television Limited - 9 June 1996

J D'Errico of Wellington complained to Capital City Television Ltd about an item,

broadcast on 29 May 1996 between 7.30 - 8.00pm, when political scientists Elizabeth

McLeay and Jonathan Boston were interviewed. They discussed their recently

published book on MMP with the presenter (Liz Gunn).

Ms D'Errico noted that the presenter made the following remark:

And the electorate wants stability, it doesn't want an Italian style government

which is constantly falling and having to be replaced.

That comment, she wrote, was offensive, in bad taste and inaccurate. She also

considered it to be unjust and unfair to both the Italian government and to Italians as it

was based on misinformation and prejudice. Expressing satisfaction with the Italian

style of government which encouraged debate, she sought an apology and retraction of

the statement.

Capital TV's Response to the Complaint - 21 June 1996

Capital TV advised Ms D'Errico that while the comment was a criticism of the Italian

electoral system, it was not a criticism of the Italian people. It declined to uphold the

complaint.

J D'Errico's Complaint to the Broadcasting Standards Authority - 1 July 1996

Dissatisfied with the broadcaster's response, J D'Errico referred the complaint to the

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

She enclosed a copy of a letter addressed to Capital TV in which she maintained her

argument that a negative attack on the Italian electoral system amounted to an attack

on the Italian people. She described the presenter's remark as culturally insensitive

and repeated her demand for an apology and a retraction of the remark.

Capital City's Response to the Authority -22 July 1996

Enclosing a transcript of the comment objected to, Capital TV did not deal further

with the complaint.