BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Preparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9.30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election.

Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed.

TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election. It noted that among the media, many would also be preparing for the next election. It said that it found nothing inaccurate in the promo as it was correct to state that planning was under way and also correct to state that an April date had been selected. TVNZ advised that it found no breach of broadcasting standards.

Dissatisfied with TVNZ’s response, Mrs Barker 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 listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

A promo for a news item on Tonight, broadcast at about 9.30pm on 19 November 1998, stated that the Electoral Office was preparing for an early election in April 1999. The item, which followed in Tonight a few minutes later, reported that preparations were being made for the possibility of an early election.

Mrs Barker complained that the promo was a distortion of the item which followed because it led viewers to believe that an early election was a fact. As it transpired, she noted, the item simply reported that some people were preparing for the possibility of an early election because they needed to be ready in case there was one.

Mrs Barker described it as "gross false reporting" to report that an early election was a reality. She contended that this kind of reporting put the news in an extremely bad light, and showed how little it could be relied upon for telling the truth.

Mrs Barker complained that standards G1, G7, G11, G14, G15, G16, G19 and G21 were breached in the broadcast. Standards G1, G7 and G11 require broadcasters:

G1  To be truthful and accurate on points of fact.

G7  To avoid the use of any deceptive programme practice in the presentation of programmes which takes advantage of the confidence viewers have in the integrity of broadcasting.

G11  To refrain from broadcasting any programme which, when considered as a whole:

Simulates news or events in such a way as to mislead or alarm viewers.

Depicts the actual process of putting a subject into a hypnotic state.

Is designed to induce a hypnotic state in viewers.

Uses or involves the process known as "subliminal perception" or any other technique which attempts to convey information to the viewer by transmitting messages below or near the threshold of normal awareness.

The other standards read:

G14  News must be presented accurately, objectively and impartially.

G15  The standards of integrity and reliability of news sources should be kept under constant review.

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

G19  Care must be taken in the editing of programme material to ensure the extracts used are a true reflection and not a distortion of the original event or the overall views expressed.

G21  Significant errors of fact should be corrected at the earliest opportunity.

TVNZ advised that it had considered the complaint under the nominated standards. The promo, it reported, drew attention to three news items which were to appear on Tonight, including one which explained why the Chief Electoral Officer was preparing for an early election. The promo stated that "planning’s under way for an early general election in April next year". The item which followed showed that the electoral office was preparing for a date in April which had been selected as a realistic possibility for the election. Later in the item, reference was made to a confidence motion in Parliament, and it concluded with an observation that some National MPs agreed that an April election was not out of the question.

In TVNZ’s view, it was truthful and accurate to state that planning was under way for an early election. It pointed out that neither the promo nor the item stated that there would be an early election, but simply that planning had begun. Such preparation, which was occurring all over the country did not, TVNZ argued, mean that there would be an early election; all it meant was that planning was under way in case that eventuated.

TVNZ advised that it found nothing inaccurate in the wording of the promo. It was true to report that planning was underway, and it was true that a specific date in April had been selected by what TVNZ described as "responsible administrators in the Electoral Office".

Once it had determined that standard G1 was not breached, the remaining standards cited became irrelevant, TVNZ contended. It declared that standard G7 was not an issue in a promo which was accurate and truthful, and did not threaten the integrity of broadcasting. Standard G11 was not threatened, it argued, as the promo did not mislead. It suggested that standard G14 could be subsumed into standard G1. Standard G15, it contended, was not relevant as the promo did not depend on sources other than the Electoral Office itself. In TVNZ’s view, its account of the planning it was undertaking was reliable and accurate.

TVNZ advised that it did not understand how a suggestion that planning was under way could cause "unnecessary panic, alarm or distress". In reference to standard G19 it suggested that the promo truly reflected, without distortion, the fact that planning was under way and that the planning exercise was targeting a particular date. It concluded that standard G21 was not relevant as there were no errors of fact in the promo.

When she referred the complaint to the Authority, Mrs Barker repeated her belief that the promo was inaccurate when it stated that preparations were proceeding for an early election. She noted that it was not until the full item was broadcast that it was made clear that those preparations were against the possibility of an early election.

TVNZ advised the Authority that it had no further comment to make.

The Authority begins its examination of the wording of the promo and its possible implications by noting that a promo is, by definition, a much abbreviated version of the full item it refers to. It notes that the promo stated that planning was under way for an early election next year. It accepts that it was possible to draw an inference that an election date had been announced and that planning for it had begun. However, that is but one interpretation of the phrase. In fact, the emphasis was on the fact that planning for an early election in April 1999 had begun. That was confirmed in the full item which followed. While it is arguable that there was some ambiguity, the Authority finds no breach of the standard requiring truth and accuracy. On the basis that this standard was not breached, it agrees with TVNZ that none of the other standards cited is applicable. It therefore declines to uphold 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
18 February 1999

Appendix

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

Mrs Barker’s Complaint to Television New Zealand Ltd – 20 November 1998

TVNZ’s Response to the Formal Complaint – 8 December 1998

Mrs Barker’s Referral to the Broadcasting Standards Authority – 17 December 1998

TVNZ’s Response to the Authority – 11 January 1999

Mrs Barker’s Final Comment – 21 January 1999