BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels.

Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors.

In its response, TV3 said it was advised that the reporter’s use of the phrase "homosexual paedophile" was intended to illustrate that the coach had abused young boys. It acknowledged that the word "paederast" would have been more appropriate. However, it denied that there was any breach of broadcasting standards. Turning to the report on the Gay Games, TV3 said it recognised that the events were not part of the official Games, but argued they were an accepted part of the Games competition. It found no inaccuracy in the report, nor did it find anything which portrayed the Games or its competitors as inherently inferior.

Dissatisfied with TV3’s decisions on the complaints, Mr Bennachie referred them 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 complaints.

Decision

The members of the Authority have viewed the items complained about and have read the correspondence (which is listed in the Appendix). On this occasion, the Authority determines the complaints without a formal hearing.

31 July item

In an item on TV3’s 3 National News, broadcast on 31 July 1998 between 6.00–7.00pm, the reporter described a man convicted of sexual crimes against young boys in his rugby club as a "homosexual paedophile".

Mr Bennachie complained that there was an implication in that report that all paedophiles were homosexual, or that all homosexuals were paedophiles. Both implications were incorrect, he asserted. Further, he argued, the description was offensive, unbalanced and possibly inaccurate. He pointed out that numerous studies showed that most paedophiles were heterosexual, even if they did prey on young boys. Mr Bennachie also suggested that the description had portrayed gay and lesbian people as inherently inferior.

TV3 reported that it had assessed the complaint under standards G6 and G13 of the Television Code of Broadcasting Practice. Those standards require broadcasters:

G6 To show balance, impartiality and fairness in dealing with political matters, current affairs and all questions of a controversial nature.

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:

factual, or

the expression of genuinely-held opinion in a news or current affairs programme, or

in the legitimate context of a humorous, satirical or dramatic work.

TV3 advised that the reporter’s use of the phrase "homosexual paedophile" was intended to convey the fact that the coach had abused young people of the same gender as himself, rather than to refer to his sexual orientation. In hindsight, it acknowledged, a more precise term would have been "paederast". It did not agree with the complainant that there was any implication that all paedophiles were homosexual, or that all homosexuals were paedophiles, or that there was a lack of balance in the item. Accordingly, it declined to uphold the complaint.

The complainant contended that the report implied that all paedophiles were homosexual or that all homosexuals were paedophiles. The Authority does not accept that such an inference can be drawn from the report. It concludes that although the description of the offender was imprecise, it did not carry the connotations alleged. The Authority agrees with TV3 that a more precise description of the offender is paederast, and it understands that the reporter’s intention was to convey the fact that the coach offended against young boys. In reaching its conclusion that no breach of standards occurred, the Authority emphasises to the broadcaster the advisability of ensuring that such technical terms are used accurately so that there can be no possibility of misunderstanding.

2 August item

A 3 News Update broadcast on 2 August 1998 previewed the Gay Games in Amsterdam. The sports reporter stated that the Gay Games contained such events as "handbag throwing and the 200 metre dash in high heels".

Mr Bennachie complained that the comment contained an implication that these events were official sports. That, he emphasised, was not the case. The fringe events were not a part of the official Games events, he reported, and were no more a part of those Games than were flag waving, juggling and fire breathing a part of the Commonwealth or Olympic Games. In his view, that report was inaccurate and trivialised the Gay Games and made them appear inherently inferior to equivalent heterosexual sporting events.

TV3 assessed this complaint under standards G1 and G13 of the Television Code of Broadcasting Practice. Standard G13 is recorded above. Standard G1 requires broadcasters:

G1 To be truthful and accurate on points of fact.

TV3 pointed out that information concerning the events was acquired from the BBC World web site, and although it acknowledged that they were not part of the "official" Games, it argued that they were an accepted part of the overall Games competition. It therefore declined to uphold the complaint that the item breached standard G1.

Turning to the complaint that standard G13 was breached, TV3 responded that the lighthearted manner of the report was in keeping with the footage from the Games’ opening event. It advised that it had found nothing in the report which portrayed the Games, or the competitors, as inherently inferior, or which would encourage discrimination against them. It therefore declined to uphold this aspect of the complaint.

Notwithstanding its decision, TV3 advised that senior producers had been unhappy with the presentation of the item and that the reporter had been reprimanded about it. With respect to balance, TV3 also reported that it had broadcast a "quite lengthy" item about two Wellington-based Gay Games competitors in a news bulletin on 27 July.

The Authority notes TV3’s implicit acknowledgment that the report had some shortcomings. In its view, when the footage, which showed some of the more flamboyant aspects of the opening ceremony, was combined with the report that the Games included handbag throwing and the 200m dash in high heels, the item trivialised the Gay Games, because it left open the inference that those events were typical of the competition. In fact, as the complainant observed, the Games had a serious competitive purpose. The Authority’s task is to decide whether trivialising the event breached the standards.

First, it deals with the complaint that the item was not accurate when it reported on the fringe events. The Authority accepts that the fringe events were indeed part of the Games and, in spite of the inferences which could be drawn, concludes that it was not inaccurate to state that the Games included these events. It therefore declines to uphold this aspect of the complaint.

Next it turns to the complaint that standard G13 was breached because the Games and its competitors were represented as inherently inferior to equivalent heterosexual events and competitors. First the Authority clarifies the application of this standard, noting that it only applies to the portrayal of people, and not to the portrayal of an event. It then examines the item to determine whether the report was capable of portraying gay people as inherently inferior, or was likely to encourage discrimination against them. The Authority returns to the point made above, that although these events were not part of the serious competition, their inclusion in the programme demonstrated that there was also a zany and lighthearted aspect to the Games. It concludes that the standard was not breached because it did not represent gay people as inherently inferior. However, even if it were capable of doing so, it was a factual report and therefore the exemption under standard G13(i) applies.

Conclusion

The Authority finds shortcomings in both of these items, although both fell short of breaching the standards. It cautions broadcasters to ensure that news items are reported with objectivity and precision.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
10 December 1998

Appendix

The following correspondence was received and considered by the Authority when it determined the complaints:

1. Calum Bennachie’s Complaints to TV3 Network Services Ltd – 3 August 1998

2. TV3’s Response to the Formal Complaints – 4 September 1998

3. Mr Bennachie’s Referral of the Complaints to the Broadcasting Standards Authority
    – 22 September 1998

4. TV3’s Response to the Authority – 5 November 1998

5. Mr Bennachie’s Final Comment – 8 November 1998