BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Decision

A discussion about "green" politics broadcast on Morning Report on 17 May 1996

included comments from representatives from the green section of the Alliance Party

and from the Progressive Greens. The Labour Party's release of its environmental

policy was considered on Checkpoint on 9 July 1996 when representatives of the

Labour Party, the Alliance, and the Progressive Greens were interviewed. Morning

Report is broadcast on National Radio between 6.00–9.00am each weekday and

Checkpoint between 5.00–6.30pm.

Dr Grueber of the Green Society complained to Radio New Zealand Ltd, the

broadcaster, that each broadcaster breached the broadcasting standards in that each

omitted the significant views of the Green Society.

Explaining that significance during an election campaign could in part be assessed by

the extent of public support a party enjoyed as measured by the opinion polls, RNZ

said that the Green Society was not "significant" in terms of the broadcasting

standards. It declined to uphold the complaints.

Dissatisfied with RNZ's decision, Dr Grueber on the Society's behalf referred the

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

Broadcasting Act 1989.

In its response to the Authority on the referral (18 February 1997), RNZ recorded its

practice when covering political parties in the run-up to a general election in 1996. It

wrote:

With regard to the actual campaign period itself, the Company carried out

regular and extensive reviews of its coverage of political parties. Each news

"product" was separately identified, and those responsible for its production

were required to maintain a running record of the number of times a party or its

representatives were mentioned.

A meeting of senior staff reviewed and discussed the results of this progressive

record each week, and where necessary follow-up investigations were

undertaken into reasons why a particular party appeared to be getting more, or

less, than its expected coverage. A senior editorial journalist also made a spot-

check of particular "products" several times weekly when it appeared that for

some reason a problem might have arisen. Where necessary those matters were

discussed with other senior staff, including those responsible for that "product".

The Company does not circulate or publish the specific results of this ongoing

research, but the process was seen by all involved as fair and leading to a good

understanding of how the Company was covering the various parties. The end

result was considered by the Company to confirm that the Company's standards

and Statutory Standards had been met.

On the Green Society's behalf, Dr Grueber sought this material from RNZ. RNZ

declined to make the information available, on the grounds of "commercial

sensitivity".

The Society appealed RNZ's decision to the Ombudsman. The Ombudsman's

response to Dr Grueber (15 September 1997) included the following comments:

Pursuant to section 17(1)(a) of the Ombudsmen Act 1975, I have a discretion to

decline to investigate a complaint if, under law or existing administrative

practice there appears to be an adequate remedy to which it would be reasonable

for the complainant to resort.

Referring to the Authority's power in s.12 of the Broadcasting Act to make use of

certain provisions in the Commissions of Inquiry Act 1908, and s4C of that Act in

particular, the Ombudsman advised Dr Grueber:

Since you now have an alternative means of getting the information at issue,

namely by applying to the BSA directly pursuant to section 12 of the BA and

section 4C(3) of the CIA, I propose to exercise my discretion and decline to

investigate your complaint further.

Section 4C(1)(b) of the Commissions of Inquiry Act provides that a commission

may:

Require any person to produce for examination any papers, documents, records,

or things in that person's control, and to allow copies of or extracts from such

papers, documents, or records to be made.

Section 4C(3) of the Act states:

For the purposes of the inquiry the Commission may of its own motion, or on

application, order that any information or particulars, or a copy of the whole or

any part of any paper, document, or record, furnished or produced to it be

supplied to any person appearing before the Commission, and in the order

impose such terms and conditions as it thinks fit in respect of such supply and of

the use that is to be made of the information, particulars, or copy.

RNZ's response to the Authority of 18 February 1997 refers to material which is

relevant to this complaint, but which RNZ has declined to make available to Dr

Grueber on grounds of "commercial sensitivity".

The Authority has the power to require the production of that material, and, in its

discretion, it may give directions as to whether it should be made available to other

parties, and if so, on what terms. The Authority concludes that it is appropriate for

these powers to be exercised in the present case.

Pursuant to the provision in s.12 of the Act, the Authority directs RNZ to make

available to it the material it has referred to in its letter to the Authority dated 18

February 1997. Further, the Authority now invites RNZ to make submissions as to

whether the material should be released to Dr Grueber, and is so, on what terms. The

material and the submissions are to be lodged with the Authority by 30 January 1998.

Order

Pursuant to s.12 of the Broadcasting Act 1989 and section 4C of the Commissions

of Inquiry Act 1908, the Authority orders Radio New Zealand Ltd to make

available to it the records and documents referred to in the letter of 18 February

1997 to the Authority.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
18 December 1997