BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

The Authority did not uphold a complaint that a Newshub segment that discussed the potential rise of far-right ideology in New Zealand breached the balance and accuracy standards. The Authority found that the segment was balanced as it contained multiple points of view. The Authority also found that the presenter’s reference to the complainant as a ‘white supremacist’ was a statement of analysis and opinion to which the accuracy standard does not apply.

Not Upheld: Balance, Accuracy

The broadcast

[1]  A segment on Newshub reported on the possible rise of far-right ideology in New Zealand. The segment included presenter Patrick Gower calling the complainant Phillip Arps, who featured in the footage used in the segment, a ‘white supremacist’.

[2]  The segment was broadcast on 30 June 2019 on Three. In considering this complaint, we have viewed a recording of the broadcast complained about and have read the correspondence listed in the Appendix.

The complaint

[3]  Mr Arps complained that the broadcast breached the balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. Mr Arps submitted that the labelling of him as a ‘white supremacist’ was inaccurate and unbalanced.

The broadcaster’s response

[4]  MediaWorks submitted the broadcasts did not breach the nominated standards.

The standards

[5]  The balance standard (Standard 8) states that when controversial issues of public importance are discussed in news, current affairs and factual programmes, broadcasters should make reasonable efforts, or give reasonable opportunities, to present significant points of view either in the same programme or in other programmes within the period of current interest.

[6]  The accuracy standard (Standard 9) states that broadcasters should make reasonable efforts to ensure that news, current affairs and factual programming is accurate in relation to all material points of fact, and does not mislead. The purpose of this standard is to protect the public from being significantly misinformed.¹

Our analysis

[7]  In New Zealand we value the right to freedom of expression. Accordingly, when we consider a complaint that a broadcast has breached broadcasting standards, we weigh the value of the programme, and the broadcaster’s right to freedom of expression, against the level of actual or potential harm that might be caused by the broadcast.

Balance

[8]  The balance standard only applies to situations where a ‘controversial issue of public importance’ is ‘discussed’ in ‘news, current affairs or factual programmes’.²

[9]  While we find the potential rise of far-right ideology in New Zealand to be a ‘controversial issue of public importance’ that was ‘discussed’ in this broadcast for the purposes of this standard, we do not consider the issue of whether Mr Arps is a ‘white supremacist’ to be a controversial issue of public importance that was discussed in the item and therefore the balance standard does not apply to this aspect of the complaint. While this finding addresses Mr Arps’ complaint, we add that we found the broadcast dealt with the wider issue of the potential rise in far-right ideology in New Zealand in a balanced way, as it included multiple points of view from several parties.

[10]  Therefore, we do not uphold the complaint under this standard.

Accuracy

[11]  The requirement for accuracy does not apply to statements which are clearly distinguishable as analysis, comment or opinion, rather than statements of fact.³ We find Mr Gower’s reference to Mr Arps as a ‘white supremacist’ was clearly a statement of analysis and opinion to which the accuracy standard does not apply.

[12]   Accordingly we do not uphold the complaint under this standard.

For the above reasons the Authority does not uphold the complaint.

Signed for and on behalf of the Authority

Judge Bill Hastings

Chair

7 May 2020

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1.  Phillip Arps’ formal complaint – 30 June 2019

2.  Mr Arps’ referral – 28 August 2019

3.  MediaWorks’ response – 10 October 2019

4.  Mr Arps’ letter regarding standards – 19 November 2019

¹ Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
² Guideline 8a
³ Guideline 9a