BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

A segment on Sunday Morning interviewed Dr Maxime Taquet to discuss his research on long COVID. The complaint was the segment breached the accuracy, balance and discrimination and denigration standards as it (amongst other reasons) portrayed long COVID as a psychological rather than a neurological disorder. The Authority did not uphold the complaint, finding the broadcast did not imply long COVID was a psychological disorder. It also did not breach the balance or discrimination and denigration standards as the broadcast clearly signalled it was presenting Dr Taquet’s views and did not discriminate against, or denigrate, people affected with long COVID.

Not Upheld: Accuracy, Balance, Discrimination and Denigration

The broadcast

[1]  During a segment of Sunday Morning on 7 November 2021, the presenter interviewed Dr Maxime Taquet on his recent study investigating long COVID. The segment was introduced as follows:

A year ago on Sunday Morning, we brought you research out of Oxford University, suggesting more than one-in-five COVID sufferers went on to be diagnosed with a mental illness within three months of testing positive. Anxiety disorders, insomnia, dementia… and now, new research in The Lancet journal is suggesting it's worse than that. A third of people who get COVID may develop disorders of some sort. Dr Maxime Taquet is with Oxford University's Health Biomedical Research Centre, and he's a research fellow at the Harvard Medical School as well. His research uses new imaging and data sampling technologies to examine neurological disorders.

[2]  The interview lasted approximately 18 minutes and included the following extracts:

Presenter:     A year on from when we last chatted, you have found the long COVID problem is even more serious than we thought.

Dr Taquet:     Yeah, well, I think, you know, we had focussed in previous studies on psychiatric consequences of COVID and we've expanded that to look at different symptoms, different complications, different things that can happen to people in the month after they've been affected with COVID-19. And so we've looked at a range of different symptoms, which affects their breathing, but also their abdominal system, their digestive system, their, the chest, their throat, their pain. So we looked at the range of symptoms to look at how common those symptoms were a few months after, after a COVID-19 diagnosis.
…

Presenter:     I saw a reference to people who have undergone, when they're battling COVID, have undergone delirium and other altered mental states that they may be more predisposed to long COVID. Is that correct? 

Dr Taquet:     That is absolutely correct. That's also reflected in our data. So those who are more seriously ill with COVID-19 and out of all the severity factors that we've looked at and having delirium is by far the most, the indicator of severity, which leads to the highest risk of long COVID, so it increases the risk by 68%.

…

Presenter:     We've always known haven't we that physical illness Maxime can precipitate depression or a depressed state. It makes sense that if the body's at a low ebb, you know, mens sana in corpore sano. But to compare this with the after effects of influenza, for example, which we asked you about last year, COVID is worse? 

Dr Taquet:     It is indeed, you're right and you're quite right to highlight the fact that, and we know that anxiety and depression can occur after pretty much any physical illness.

…

Presenter:     You discovered more ominous after effects as well, albeit in much lower numbers. A couple of things you haven't yet mentioned, I think, to do with stroke and so on.

Dr Taquet:     That's right. So, so in another study, we looked at neurological complications of COVID, and one of them… that's blood clots reaching the brain and affecting the circulation of the blood in the brain and sometimes damaging, sometimes permanently, areas of the brain. And that is that has been found to affect about one in 50 patients after COVID-19.

…

Presenter:     The chair of psychiatry at King's College says your work confirms beyond any reasonable doubt that COVID-19 affects both brain and mind in equal measure. Gee, that's saying something, you'd agree with that? 

Dr Taquet:     I completely entirely agree with that. I think now it's not news to anyone who's been reading and has been up to date with the scientific literature.

The complaint

[3]  Andrew Barron complained the broadcast breached the discrimination and denigration, balance and accuracy standards of the Radio Code of Broadcasting Practice. He provided extensive submissions and evidence supporting his complaint, with his key concerns being:

• Long COVID, like other post viral fatigue illnesses, is a physiological (neurological) illness but was presented as a psychological (mental) illness. This inaccuracy impacts the ‘stigmatisation of the sufferer’ as well as ‘treatment, insurance, employment and benefits.’
• ‘RNZ deliberately engaged an interviewee who they should have known would present a minority view on Long Covid.’ (The complainant expressed these concerns to RNZ in advance of the broadcast.)
• The broadcast was ‘extremely biased towards the psychological basis of Long Covid and away from the predominant view of Long Covid as a physiological illness (cellular bio-markers have been found), this causes harm for those with long Covid and by extension CFS / ME, the Broadcasting standards requires this to be balanced.’

The broadcaster’s response

[4]  Radio New Zealand Ltd (RNZ) did not uphold the complaint:

• The ‘dissatisfaction appears largely due to Dr Taquet’s association with the discipline of psychiatry rather than with the study itself, which investigated a very broad range of symptoms.’
• RNZ acknowledged the complainant’s concern, but noted:
  • Dr Taquet is a recognised scientist and researcher. His work is reported in international journals including The Lancet.
  • Dr Taquet is entitled to his views and his freedom to express them is supported by the New Zealand Bill of Rights Act.
  • The interview discussed all manner of physical symptoms, including pain, shortness of breath and blood clots.

The standards

[5]  The discrimination and denigration standard¹ states broadcasters should not encourage discrimination against, or denigration of, any recognised ‘section of the community’, consistent with the grounds for discrimination listed in the Human Rights Act 1993. It protects sections of the community from verbal and other attacks, and fosters a community commitment to equality.²

[6]  The balance standard³ ensures competing viewpoints about significant issues are presented to enable the audience to arrive at an informed and reasoned opinion.⁴ The standard only applies to news, current affairs and factual programmes, which discuss a controversial issue of public importance.⁵

[7]  The purpose of the accuracy standard⁶ is to protect the public from being significantly misinformed.⁷ It states that broadcasters should make reasonable efforts to ensure that any news, current affairs or factual programme is accurate in relation to all material points of fact, and does not mislead.

Our analysis

[8]  We have listened to the broadcast and read the correspondence listed in the Appendix.

[9]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.⁸

[10]  Before addressing each standard, we note:

• With regards to the complainant’s concerns of bias of interviewee choice, this is a matter of editorial discretion that is not capable of being resolved by a complaints procedure.⁹ This similarly applies to the complainant’s view chronic fatigue syndrome should have been brought up in the interview. Broadcasters are free to interview who they wish, and ask what they consider are appropriate questions, so long as the broadcasts are within broadcasting standards.
• Long COVID was never referred to as a psychological disorder and we did not view the broadcast as implying it was. To the contrary, Dr Taquet outlined various physical mechanisms which could cause long COVID and referred to the ‘neurological’ complications of COVID. A direct question was put to Dr Taquet on whether he thought COVID-19 affected ‘both brain and mind in equal measure‘, to which he agreed. He also noted (although not quoted above) there was ‘going to be a mix of biological and psychological mechanisms for a few of the complications’.
• To the extent the complainant is concerned with the portrayal of other post viral diseases (as they refer to chronic fatigue syndrome (CFS) / myalgic encephalomyelitis), the broadcast did not refer to any of these disorders.

Discrimination and Denigration

[11]  The importance of freedom of expression means that a high level of condemnation, often with an element of malice or nastiness, will be necessary to conclude that a broadcast encouraged discrimination or denigration in contravention of the standard.¹⁰

[12]  We have previously found people suffering from CFS are a recognised section of the community to which the standard applies, and broadcasting views questioning the seriousness and longevity of CFS can normalise the stigmatisation of CFS.¹¹ For similar reasons, we find people affected by long-COVID are a recognised section of the community to which the standard applies.

[13]  However, we do not consider the broadcast discriminated against, or denigrated, people with long COVID (or by extension CFS):

• The broadcast did not include any negative language directed at people with long COVID (or CFS).
• The comments were made in the forum of a serious interview on Sunday Morning, a programme featuring in-depth journalistic pieces on current affairs.
• Dr Taquet was engaged as a medical expert and his comments reflected his genuinely held medical opinion, as published in his recent studies.

[14]  The broadcast was factual and constituted a serious commentary providing novel research findings on long COVID. The standard is not intended to prevent the broadcast of material that is factual, or a genuine expression of serious comment, analysis or opinion.¹²

Balance

[15]  This standard requires reasonable efforts to be made to reflect significant perspectives when ‘controversial issues of public importance’ are discussed in news and current affairs programmes.¹³

[16]  An issue of public importance is something that would have a significant potential impact on, or be of concern to, members of the New Zealand public. A controversial issue will be one which has topical currency and excites conflicting opinion or about which there has been ongoing public debate.¹⁴

[17]  The long-term effects of COVID-19 is clearly a topical issue of public importance. The cause and characterisation of long COVID is currently a rapidly expanding area of research,¹⁵ subject to uncertainty and scientific debate.¹⁶ Therefore, the balance standard applies.

[18]  The complainant referred us to three other items on RNZ’s website which they acknowledge provided some balancing material, one of which was broadcast.¹⁷ We note these items all compare long COVID to CFS and are not inconsistent with views expressed in the broadcast.

[19]  In any event, we are satisfied that further balancing material was not required:¹⁸

• The broadcast was introduced as an interview with neurological researcher Dr Maxime Taquet regarding his research.
• Dr Taquet was engaged as a medical expert and his comments reflected his genuinely held medical opinion, as published in his recent studies.
• The broadcast did not purport to be a balanced examination of the issue and was clearly signalled as providing Dr Taquet’s perspective.
• There has, and continues to be, other media coverage (including from RNZ, as the complainant acknowledges) on the characterisation and effects of long COVID.¹⁹ Listeners could reasonably be expected to be aware of views expressed in other coverage.²⁰

[20]  Ultimately, the objective of the balance standard is to enable audiences to arrive at informed and reasoned opinions.²¹ We consider listeners would have understood they were listening to the opinion of one expert and were unlikely to have been misled.

Accuracy

[21]  In assessing whether the requirements of the accuracy standard were met, we must consider whether the programme was inaccurate or misleading, and if so, whether the broadcaster made reasonable efforts to ensure that all material statements of fact were accurate and that the programme as a whole did not mislead viewers.²²

[22]  The requirement for accuracy does not apply to statements which are clearly distinguishable as analysis, comment or opinion, rather than statements of fact.²³ Dr Taquet was clearly providing his expert opinion based on his findings. Therefore, the accuracy standard does not apply.

[23]  Further, we note it is not the Authority’s, or broadcaster’s, role to conclusively establish the cause of long COVID or its effects.²⁴ As noted above, this is a growing area of research and there are no currently agreed ‘facts’ on the causes and characterisation of long COVID. Healthy debate around contentious issues should be encouraged as it can strengthen the science, challenge claims and lead to a push for better forms of evidence.

[24]  In any event, Dr Taquet is the lead author of the paper discussed, and is a senior research fellow at the University of Oxford and an academic clinical fellow at the National Institute for Health Research.²⁵ He has several publications in notable journals on the after-effects of a COVID-19 infection.²⁶ It was reasonable for RNZ to rely on his views.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
11 April 2022

Appendix

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

1  Andrew Barron’s formal complaint to RNZ – 16 November 2021

2  Correspondence between Barron and RNZ prior to formal complaint (including report on long COVID) – between 7 November 2021 and 12 November 2021

3  RNZ’s response to the complaint – 16 December 2021

4  Barron’s feedback on RNZ’s decision – 17 January 2022

5  Barron’s referral to the Authority – 19 January 2022

6  RNZ’s confirmation of no further comment – 22 February 2022

7  Barron’s further comments – 24 March 2022

¹ Standard 6 of the Radio Code of Broadcasting Practice
² Commentary: Discrimination and Denigration, Broadcasting Standards in New Zealand Codebook, page 16
³ Standard 8 of the Radio Code of Broadcasting Practice
⁴ Commentary: Balance, Broadcasting Standards in New Zealand Codebook, page 18
⁵ As above
⁶ Standard 9 of the Radio Code of Broadcasting Practice
⁷ Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
⁸ Freedom of Expression: Broadcasting Standards in New Zealand Codebook, page 6
⁹ Golden and Radio New Zealand Ltd, Decision No. ID2018-097 at [7] citing Broadcasting Act 1989, s5(c); and Drinnan and Radio New Zealand Ltd, Decision No. 2021-083 at [14];
¹⁰ Guideline 6b
¹¹ Barron and Radio New Zealand Ltd, Decision No. 2020-171 at [13]–[15]
¹² Guideline 6c
¹³ Guideline 8a
¹⁴ Commentary: Balance, Broadcasting Standards in New Zealand Codebook, page 18
¹⁵ Ministry of Health | Manatū Hauora “Long COVID” (21 June 2021) <health.govt.nz>
¹⁶ See for example Jason Gale “What Experts Know about ‘Long Covid’ and Who Gets It” Bloomberg (online ed, 10 February 2022)
¹⁷ Nine to Noon “Similarities between long-haul Covid and ME Chronic Fatigue Syn” RNZ (online ed, 16 December 2021); Michael Hall “Is Long Covid a new type of chronic fatigue syndrome?” RNZ (online ed, 27 November 2021); Michael Hall “What life is like with a post-viral illness” RNZ (online ed, 8 January 2022)
¹⁸ Guideline 8c; and see Boyce and Radio New Zealand Ltd, Decision No. 2021-143 at [16] where the interview was introduced as an interview with a specific epidemiologist
¹⁹ See footnote 17, Emma Vitz “For many New Zealanders, Covid-19 will be a lifelong disease” The Spinoff (online ed, 21 December 2021); Jamie Morton “Explained: The three things to know about Long Covid” The New Zealand Herald (online ed, 9 March 2022); Katie Kenny “The narrative of Omicron as a 'milder' variant is dangerous, given what we know about long Covid, experts warn” Stuff (online ed, 16 January 2022); Irra Lee “Advice being developed to help long Covid sufferers in NZ” 1 News (online ed, 15 March 2022)
²⁰ Guideline 8c
²¹ Commentary: Balance, Broadcasting Standards in New Zealand Codebook, page 18
²² Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 19
²³ Guideline 9a
²⁴ See Marshall and Television New Zealand Ltd, Decision No. 2021-138 at [12] where we reached a similar conclusion regarding the safety of Pfizer’s COVID-19 vaccine
²⁵ University of Oxford Department of Psychiatry “Max Taquet” <psych.ox.ac.uk>
²⁶ As above