BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Argentina was the topic of the discussion between the presenter of TV2's Good

Morning and a representative of the Aerolineas Argentinas airline, broadcast between

10.00am and noon on 4 June 1996. The drinking hours of bars in Buenos Aires were

referred to briefly.

Ms D'Errico complained to Television New Zealand Ltd, the broadcaster, that the

linkage between Italians, alcohol consumption and the high crime rate was offensive to

her as an Italian.

Explaining that the item did not make the linkage claimed by Ms D'Errico, TVNZ

declined to uphold the complaint.

Dissatisfied with TVNZ's decision, Ms 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 determine 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.

A representative from Aerolineas Argentinas (Michael Garcia) was interviewed (by

presenter Liz Gunn) on Good Morning broadcast on 4 June. He spoke of the

attractions of a visit to Argentina.

Ms D'Errico complained to TVNZ that during the discussion there was a reference to

drinking behaviour and the presenter implied that the drinking habits of the Italians

were responsible for high crime rate in Argentina. That comment she wrote, had

'shocked and flabbergasted' her and she alleged a breach of standard G13 of the TV

Code of Broadcasting Practice. It requires broadcasters:

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.

In its response, TVNZ recorded the dialogue between the presenter and Mr Garcia of

Aerolineas Argentinas. It went:

Presenter:  'Well, I'm going to divert a little bit here and talk about our hot

                   topic – what about the drinking hours there? Do they drink on Sunday? Are

                   the bars open on Sunday?'

Mr Garcia:   'Yes, absolutely'

Presenter:   'Do you think that's why the crime rate is higher than in New

                             Zealand then?' (laughter)

Mr Garcia:   'No, I wouldn't say that is the cause or the main cause. You see

                             all Spanish and Italians, they all drink – they have their wines, they have their

                             spirits, but probably not in great, great amounts.'

Presenter:   'Yes, a little bit...it just made a civilised...'

Mr Garcia:   'They have a good drink with their meals. A glass of wine or two

                             glasses of wine. They can go... OK its Sunday midday, there's just a little bit

                             more wine. We need another bottle of wine. They can go and get it just down

                             at the corner.'

On the basis that the item does not contain by implications alleged by Ms D'Errico,

TVNZ declined to uphold the complaint.

Insisting that she had not misheard the exchange and as TVNZ had not taken

responsibility for it, Ms D'Errico referred the complaint to the Authority. She

maintained that TVNZ should be required to produce the research to substantiate the

link between the drinking habits of Italians and a high crime rate.

In its report to the Authority, TVNZ pointed out that the segment of programme

complained about was paid for and, accordingly, questioned whether it came within

the Authority's jurisdiction or that of the Advertising Standards Complaints Board.

The Authority does not intent to resolve the question of jurisdiction. Having viewed

the tape and read the transcript provided by TVNZ, it is apparent that it did not

contain the implication claimed by the complainant. A linkage between the drinking

habits of Italians and a high crime rate was not suggested.

Accordingly, in the circumstances, the Authority considers that its appropriate action

is to decline to determine this complaint under s.11(b) of the Broadcasting Act 1989.

For the above reasons, the Authority declined to determine the complaint in all

the circumstances under s.11(b) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
19 September 1996

Appendix

J D'Errico's Complaint to Television New Zealand Ltd - 12 June 1996

Ms J D'Errico of Wellington complained to Television New Zealand Ltd about a

comment from the presenter (Liz Gunn) of Good Morning broadcast on 4 June 1996.

During an interview with a representative of Aerolineas Argentinas, Ms D'Errico

recalled, the presenter had said:

There are a lot of Italians in Argentina and they drink wine on Sunday. Does

that account for the high crime rate in Argentina?

Ms D'Errico wrote:

When I heard this comment I was so shocked and flabbergasted, because I

thought why are Italians attacked again on your programme?

Expressing the opinion that the statement required a retraction and apology, she asked

what research justified the comment. She considered that it would discourage people

from visiting Argentina.

Further Correspondence

Treating the complaint as an informal one, in a letter dated 19 June 1996, the producer

of Good Morning advised Ms D'Errico that the presenter's comments were jovial and

that there had been no objection from Aerolineas Argentinas. She apologised to Ms

D'Errico but said that the comment was not intended to offend, but to praise the

responsible drinking habits in Argentina.

In response, in a letter dated 21 June, Ms D'Errico repeated that she had been

offended by the comment and she was unhappy with the reply.

On the same day, Ms D'Errico referred her complaint to the Broadcasting Standards

Authority and said that she believed an apology was appropriate. The Authority

forwarded the complaint to TVNZ which advised that it wished to respond to it as a

formal complaint.

TVNZ's Response to the Formal Complaint - 16 July 1996

TVNZ advised that the segment complained about was paid for by Aerolineas

Argentinas. It consisted of an interview with airline representative Michael Garcia and

a promotional clip for the airline. As the complaint referred to an editorial comment,

TVNZ said that it had decided to assess the complaint under standard G13 of the

Television Code of Broadcasting Practice.

Having listened to the item, TVNZ quoted the script and pointed out that there was

nothing which specifically linked Italians to crime in Argentina. Accordingly, as a

perusal of the transcript disclosed no slur against Italians, TVNZ declined to uphold

the complaint.

Ms D'Errico's Complaint to the Broadcasting Standards Authority - 26 July

1996

Dissatisfied with TVNZ's decision, Ms D'Errico referred the complaint to the

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

Arguing that the complaint should have been considered under standards G1, G2, G4,

G6 and G7 - as well as G13 - Ms D'Errico expressed her disappointment that TVNZ

failed to accept responsibility for the comment.

Ms D'Errico believed that TVNZ had included an inadequate quotation to justify its

decision and maintained that the comment linked Argentinians of Italian origin to

drinking on Sunday and to the high crime rate. It was an observation which could be

substantiated, if at all, only by research. Further, it was very offensive to relate

drinking by Latin Americans to crime because drinking by these people was usually in

moderation and with meals.

TVNZ's Report to the Authority - 31 July 1996

It its report to the Authority, TVNZ made two points. First, it noted that the

complainant now argued that the comment besmirched the reputation of all

Argentinians whereas the original complaint focussed on Argentinians of Italian

descent.

Secondly, it wrote:

... as a matter of procedure, we believe the Authority should consider whether

this complaint falls under its area of jurisdiction. TVNZ chose to accept it as a

programme standards complaint because the material complained about was

under the editorial control of the programme's host. Nevertheless, this segment

was paid for, and therefore may qualify as an 'advertisement', thereby placing it

under the jurisdiction of the Advertising Standards Complaints Board. We

submit that before ruling on this the Authority should view the whole item

noting the combination of studio interview, airline commercial and programme

material drawn from an earlier edition of 'Holiday'. This appears to us to be a

grey area.

Ms D'Errico's Final Comment

Ms D'Errico did not reply to the Authority's request for any final comment.