BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

Proposed legislation to allow shop trading on all public holidays was the subject of an

item on 3 National News, broadcast at 6.00pm on 27 March 1997. Questions were

put to two MPs who held differing views, and the one who opposed the proposal

was asked to comment on the suggestion that, surely, workers had the right not to

take a job which required them to work on public holidays.

G L Brown complained to the broadcaster, TV3 Network Services Ltd, that the

question was not neutral, was in poor taste, and denigrated workers.

Explaining that the presenter's task was to stimulate discussion and, sometimes, to be

a devil's advocate, TV3 cited comments from the transcript to indicate that the

questions showed no obvious sympathy for either view.

Dissatisfied with TV3's decision, G L Brown 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

has determined the complaint without a formal hearing.

In a discussion between two Members of Parliament with differing views as to

whether shops should be allowed to open through Easter, the presenter suggested to

one that, surely, workers had the right not to take a job which required them to work

on public holidays. Mr Brown considered that this comment was not neutral. Rather,

he said, it was in poor taste, denigrated an occupational group, and had been made in

an intimidating manner. He believed that it merited an apology.

TV3 assessed the complaint under standards G2, G13 and G14 of the Television Code

of Broadcasting Practice. The first two require broadcasters:

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

The other one reads:

G14 News must be presented accurately, objectively and impartially.

In its response to Mr Brown, TV3 considered that the statement had not been made in

an intimidating way. Rather, it was put in the form of a question and, taking the full

item into account, TV3 argued that the presenter had no obvious sympathies with

either side. He had, it maintained, been the "devil's advocate".

When he referred his complaint to the Authority, Mr Brown said he was unable to

comment on the full item as TV3 had not given him an opportunity to review it.

Having viewed the entire item, the Authority notes that the presenter asked questions

in a relatively assertive manner to each participant. As each was a Member of

Parliament espousing an aspect of party philosophy, the Authority considers such an

approach to be entirely appropriate. In the full context of the item, it does not accept

that any of the nominated standards were contravened.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
18 September 1997

Appendix

G L Brown's Complaint to TV3 Network Services Ltd - 17 April 1997

Dissatisfied with the response of the broadcaster, TV3 Network Services Ltd, to an

informal complaint, G L Brown of Nelson complained formally about an item

broadcast on 3 Network News on 27 March 1997.

The issue under discussion had been the wish of some businesses to open on Good

Friday, although forbidden by law. One participant, G L Brown recalled, had said it

was unfair on employees to be compelled to work on that day, whereupon, Mr

Brown wrote, the presenter had, in an intimidating way, stated "if they don't like it,

then they could get another job".

G L Brown considered that the presenter's comment was not neutral, was in poor

taste, and denigrated an occupational group. An apology was considered appropriate.

TV3's Response to the Formal Complaint - 5 June 1997

Assessing the complaint under standards G2, G13 and G14 of the Television Code of

Broadcasting Practice, TV3 explained that the item involved a debate between two

MPs who took differing views on the question of whether shops should be allowed to

open on public holidays.

The presenter, TV3 stated, using a quizzical look, had said in the form of a question to

one MP that workers should have the right to find a job which did not require them to

work on public holidays. In the context of the debate, TV3 said it was obvious that

the presenter had no obvious sympathies with either side. It cited two of the

presenter's questioning comments addressed to the other MP. Declining to uphold

the complaint, TV3 concluded:

The aim of the interviewer must be to draw out views and stimulate discussion.

That sometimes means an interviewer will act as "devil's advocate" - advancing

a view or theory simply to draw the opinion of the interview subject. Such an

approach should not be confused with taking sides on a particular issue.

G L Brown's Referral to the Broadcasting Standards Authority - Received 26

June 1997

Dissatisfied with TV3's response to the formal complaint, G L Brown referred then

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the

Broadcasting Act 1989.

G L Brown also expressed annoyance at the fact that TV3 had not provided, relatively

inexpensively, an opportunity for a review of the tape of the item. G L Brown was

unable to comment on the content as the interview had not been seen completely at

the time of broadcast in view of the insulting nature of the comment complained

about.

TV3's Response to the Authority - 19 August 1997

TV3 advised the Authority that it did not want to comment further.