BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

In an item on Holmes broadcast on 1 July 1998 between 7.00–7.30pm, tributes were paid to a nine-year-old girl who had died from a brain tumour. It was reported that in spite of having had surgery in the United States, she had recently died.

Mrs Hunt of Auckland complained to Television New Zealand Ltd, the broadcaster, that the close up pictures of "a very ill, sad and distressed child" were totally unnecessary and would have caused distress to any parents or children suffering from terminal illnesses. She said she considered it in the worst possible taste to show pictures of a child close to death, and she contended it was particularly disturbing to children.

TVNZ emphasised that the tribute to the little girl reflected the Holmes team’s esteem for her. It noted that they had followed her through the torment of surgery in the United States, and had been humbled by her courage. TVNZ stressed that the pictures were taken some time before the girl had died, and it did not believe their screening would have had an adverse effect on children. It declined to uphold the complaint.

Dissatisfied with TVNZ’s decision, Ms Hunt referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given 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 (which is summarised in the Appendix). On this occasion, the Authority determines the complaint without a formal hearing.

"Saying Goodbye" was the title of an item on Holmes broadcast on 1 July 1998 between 7.00–7.30pm. It focused on a nine-year-old girl who had died the previous week from a brain tumour. Her story had been followed by the Holmes team, it was reported, and a previous item had shown her in the United States where she had surgery to implant chemotherapy discs in an attempt to halt the growth of the tumour.

Ms Hunt complained to TVNZ about the close-up pictures of the little girl who she described as "very ill, sad and distressed", and in particular the sequence when the girl was asked if she knew what was going on. She pointed out that the child was obviously dreadfully ill, and died soon after. In Ms Hunt’s view, the scene was totally unnecessary and would have caused terrible distress to any other parents or children suffering from terminal diseases. She said she considered the programme had sunk very low in its quest for ratings.

As requested, TVNZ considered the complaint under standards G12, G16 and G17 of the Television Code of Broadcasting Practice. Standard G12 requires broadcasters:

G12 To be mindful of the effect any programme may have on children during their normally accepted viewing hours.

The other standards read:

G16 News should not be presented in such a way as to cause unnecessary panic, alarm or distress.

G17 Unnecessary intrusion in the grief and distress of victims and their families and friends must be avoided. Funeral coverage should reflect sensitivity and understanding for the feelings and privacy of the bereaved.

Broadcasters must avoid causing unwarranted distress by showing library tape of bodies or human remains which could cause distress to surviving family members. Where possible, family members should be consulted before the material is used. This standard is not intended to prevent the use of material which adds significantly to public understanding of an issue which is in the public arena and interest.

TVNZ identified the scene to which Ms Hunt objected as the one where the girl’s surgeon was shown visiting her after his attempts to halt the growth of the tumour with implanted chemotherapy discs had failed. It emphasised that the Holmes team’s tribute to the little girl was a genuine reflection of the esteem in which they held her, and that having followed her through the difficult surgery in the United States, they had been humbled by her astonishing courage. The item, TVNZ recalled, was a tribute to her courage.

Turning to the shot to which Ms Hunt particularly objected, TVNZ pointed out first that when that scene was filmed, the girl was not "close to death". The picture showed her in April when she was being visited by her surgeon. She did not die until June. Secondly, the comment "you know what’s going on" was the voice of the surgeon talking to the girl. It noted that his next question was to ask if she was hurting, to which she replied that she was not.

Turning to standard G12, TVNZ said it did not believe the shot, or the item in general, would have had an adverse effect on children. It observed that children were aware that people got sick and died. It was also of the view that it was an inspirational story of extraordinary human will and bravery. It did not consider standard G12 was breached.

TVNZ argued that standard G16 was not intended to prevent the broadcast of legitimate stories whose content may be distressing. It argued that it would have been remiss not to have recorded the girl’s death, given the attention the programme had given her in her short life. Her death caused great distress, TVNZ recorded, but it was reported in the context of an item which expressed thanks for her life.

With respect to standard G17, TVNZ maintained that it was not relevant because the girl’s family had invited the broadcaster to be involved in the plight of their daughter, and had given permission for filming at the funeral. After the broadcast, TVNZ recalled, her parents telephoned to thank the staff for the warmth and sensitivity of the item, which they described as an eloquent and moving reminder of a brave girl.

The Authority first deals with the complaint that the item breached standard G12 when it focused on the very ill child, who the complainant believed was close to death. The Authority agrees with the complainant that the pictures could be distressing to viewers, especially as by the time they were shown, the little girl had died. However, the Authority does not consider the item would have had an adverse effect on any children who were watching. Distressing and sad as the subject matter was, it was also a part of human experience. In the Authority’s view, the difficult and sad story was dealt with sensitively by the broadcaster. It concludes there was no breach of this standard.

With respect to the complaint under standard G16, the Authority does not find that any part of the item was presented in such a way as to cause unnecessary panic, alarm or distress. In particular, the Authority does not find that the picture of the sick child, to which Ms Hunt expressly objected, breached this standard. Although it was clear that the girl was very ill, and viewers were advised that she had subsequently died, the item as a whole emphasised the girl’s courage and joy for living and her family’s appreciation of her life. The Authority therefore concludes the standard was not breached.

Finally, it turns to the complaint under standard G17. The Authority finds relevant the fact that the family had given consent to the filming and the broadcaster had clearly built up a relationship with the girl and her family. In these circumstances, the Authority finds no evidence to suggest that the broadcaster intruded unnecessarily in the grief and distress of the family. It declines to uphold this aspect of the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
1 October 1998

Appendix

Alwyn Hunt’s Complaint to Television New Zealand Ltd – 2 July 1998

Ms Hunt of Auckland complained through the Broadcasting Standards Authority to Television New Zealand Ltd about the broadcast of an item on Holmes on 1 July 1998 between 7.00–7.30pm.

The item "Saying Goodbye" concerned a nine year old girl who had that week died from a brain tumour. In a previous item, the Holmes team had followed her to the United States where she underwent major surgery.

Ms Hunt complained that a segment of the programme which included the close-up of "a very ill, sad and distressed child" accompanied by a voice saying "you know what is going on" was totally unnecessary and would have been distressing to any other parents or children suffering from a terminal illness. She noted that the child was obviously dreadfully ill and died soon afterwards. Ms Hunt said she considered the programme had sunk very low in its quest for ratings.

In a letter dated 25 July, Ms Hunt confirmed that she wished to proceed with the complaint. She asked that it be considered under standard G12 as it was very disturbing and frightening to children, especially cancer patients. She also identified standards G16 and G17, as she considered the item unnecessarily intruded in the grief and distress of the victim.

TVNZ’s Response to the Formal Complaint – 10 August 1998

TVNZ described the item as a tribute to the nine year old girl whose battle with cancer had been documented by Holmes in the previous year. It noted that Ms Hunt objected to the shot in which the girl’s surgeon visited her after attempts to halt the growth of her tumour with implanted chemotherapy discs had failed.

TVNZ stressed that the tribute was a genuine reflection of the esteem in which members of the Holmes team held the girl. The team had followed her through the surgery in the United States and, TVNZ wrote, "had been humbled by her astonishing courage in the face of terrible adversity."

Having examined the shot to which Ms Hunt objected, TVNZ said it believed there were two things which she may have misunderstood. The first was that the child was not at the time "close to death". The picture showed her in April and she did not die until late June.

Secondly, the comment "you know what’s going on" was not a voice over by the reporter, TVNZ advised. It was the voice of the surgeon talking to the child. His next question asked if she was hurting, to which she replied that she was not.

Turning to standard G12, TVNZ said it did not believe the shot, or the item in general would have had an adverse effect on children. It pointed out that children knew that people got sick and died. It said it considered the story an inspirational one because it recounted extraordinary human will and bravery.

TVNZ argued that standard G16 was not intended to prevent legitimate stories whose content may be distressing. It continued:

Holmes would have been seen to lack compassion and decency were it to let go unrecorded the death of [the girl], given the attention the programme had given her in her short life. Of course, we and the viewers were distressed by [her] death – but its occurrence was reported in the context of an item which reflected thanks for her life.

In TVNZ’s opinion, standard G17 was not relevant because the girl’s family had involved Holmes in the plight of their daughter. It maintained that the filming of the funeral was not an intrusion, as the programme was invited to be there. Immediately after the broadcast, the parents telephoned to thank the staff for the "clarity, warmth and sensitivity of both the script and the pictures", it wrote. TVNZ concluded that no standards were breached by the broadcast.

Ms Hunt’s Referral to the Broadcasting Standards Authority – 11 August 1998

Dissatisfied with TVNZ’s decision, Ms Hunt referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Ms Hunt advised that she had friends with terminally ill children and that the close up of a terminally ill child suffering disturbed them greatly. She stated that it had been unnecessary and had added nothing to the programme. To TVNZ’s argument that she was not close to death at the time of the filming, Ms Hunt suggested that the difference between the earlier shots and this one would indicate that she most certainly was.

With regard to standard G12, she wrote:

…it is fairly common knowledge that heroic intervention in terminally ill child cancer patients can prolong life, but sometimes at terrible cost to both patient and family. This was clearly illustrated by this shot, and would have caused deep suffering to many children and parents.

She said standard G16 was covered by the above comment as well.

Contrary to TVNZ’s opinion, Ms Hunt said she considered standard G17 to be most relevant. She believed the parents would have been in a state of shock, vulnerable, and perhaps a little star struck by Mr Holmes, she wrote and that they should have questioned the ethics of a film crew standing over a suffering child in bed. Ms Hunt emphasised that her complaint was confined only to the shot of the child in bed. She said she believed the funeral coverage would have been sufficient.

TVNZ’s Response to the Authority – 19 August 1998

TVNZ advised it had no further comment to make.