BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The mother of three children who were killed by their father who then killed himself

was the subject of an item on 60 Minutes broadcast on TV One on March 1996 at

7.30pm.

Ms Dawkins complained to Television New Zealand Ltd, the broadcaster, that because

the item provided a one-sided view of the tragedy from the mother's perspective only,

and because the reporter drew unfair conclusions about the deceased father, it lacked

balance and was in breach of broadcasting standards.

Explaining that the item was not an examination of a custody battle, TVNZ pointed out

that it was the study of a survivor of a horrific episode, and of her efforts to effect a law

change which would prevent such an incident recurring. It rejected the complaint that

the item lacked balance. Dissatisfied with that decision, Ms Dawkins referred her

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

For the reasons 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 (summarised in the Appendix). As is its practice, the Authority

determines the complaint without a formal hearing.

An item on 60 Minutes broadcast on TV1 on 3 March 1996 dealt with the murder-

suicide of a father and his three children and examined the changes relating to custody

and access which had resulted since the inquiry into the case. Court documents

revealed that the father had been charged with assaulting his wife two days prior to the

deaths and that there was a history of domestic violence.

Ms Dawkins of Rotorua complained that the item lacked balance because it drew unfair

conclusions about the father, and made no attempt to examine the reasons why he had

committed the murders. She suggested that the reporter should have scrutinised the

mother's behaviour to ascertain whether there was some provocation which had caused

the tragedy. In her view, the profile of the mother had been done to relieve her of guilt

and not, as TVNZ suggested, to prevent future tragedies.

In its brief response to the complaint, TVNZ questioned whether Ms Dawkins had

understood the point of the item. It described it as essentially the profile of a woman

who had survived an unimaginable tragedy, and an account of her efforts to seek a law

change which might prevent such a tragedy recurring. It advised that it had considered

the complaint under standard G6 of the Television Code of Broadcasting Practice. That

standard requires broadcasters:

G6  To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature.

TVNZ observed that it was interesting that, in spite of the horror of the event, the

mother still retained a lasting affection for her husband and further, that he was

portrayed more positively than one might expect for a person who had murdered his

three children.

TVNZ did not believe the item suffered from any imbalance and declined to uphold the

complaint.

The Authority considers that the item was principally the mother's story of survival in

the aftermath of her family tragedy. In addition, there was some reference to the efforts

made by her, and others, to change the legislation to prevent other families affected by

domestic violence and custody disputes from suffering the same fate. Because the item

was presented as the mother's story and not an analysis of the tragedy, the Authority

believes it was not necessary to investigate the family dynamics and the events leading

up to the deaths from the father's viewpoint. The Authority notes there was no

avoiding the fact that the father was responsible, but apportioning blame was not the

issue. While TVNZ maintained that the programme emphasised the mother's efforts in

effecting a change to the legislation, the Authority considers that was simply a

subsidiary matter and the real emphasis was on the mother's effort to rebuild her life

without her children. Accordingly, as this matter did not require balance, the Authority

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

Judith Potter
Chairperson
16 May 1996

Appendix

Ms Dawkins' Complaint to Television New Zealand Ltd - 4 March 1996

Karen Dawkins of Rotorua complained to Television New Zealand Ltd about an item

screened on 60 Minutes on 3 March 1996 at 7.30pm. The segment dealt with the

tragedy of a family in Wanganui where the father killed his three children and then

himself.

Ms Dawkins complained that the item lacked balance because it viewed the tragedy only

from the point of view of the mother and had no regard for the reasons why the father

had done such a desperate act. Ms Dawkins asked:

Why was not the mother's behaviour, or her lawyers, scrutinised by the

researchers of the programme re a short time before the tragedy happened.

There may have been some provocation that could have been clarified by the

deceased father's family.

Ms Dawkins suggested that it was hard to accept that the tragedy happened because

there was an allegation of domestic violence from the mother. She considered the report

lacked impartiality and balance because the reporter made unfair conclusions about the

father.

TVNZ's Response to the Formal Complaint - 28 March 1996

TVNZ described the item as the profile of a woman trying to survive an almost

unimaginable tragedy in her life. It wrote:

This was not an examination of the custody battle per se, but a study of the

survivor and her current efforts to seek a law change which might diminish the

chances of such a horrifying episode occurring again.

It noted that the profile of the woman was set against the background of an inquiry by

Sir Ronald Davison into the events surrounding the tragedy and the role of the

authorities.

TVNZ noted the woman's affection for her husband, despite the horror of the event,

and suggested that the man was reflected more positively than one might expect for a

person who had murdered his children.

It declined to uphold the complaint that the item lacked balance.

Ms Dawkins' Referral to the Broadcasting Standards Authority - 3 April

1996

Dissatisfied with TVNZ's decision not to uphold her complaint, Ms Dawkins referred it

to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Ms Dawkins considered that TVNZ had failed to understand that the father had loved

his children, especially as he had custody of them. She maintained that the item failed

to investigate the real motivation for his act, but instead focused on the biased

perspective of the mother. She added:

The profile of the woman was not done in a way so as to prevent further

tragedies but to relieve her of any guilt, which could easily have been unfair to

the deceased husband and his family. Her conduct before the tragedy could well

have been very relevant and could have been provocative, and this possibility

must be faced in relation to the recurrence issue.

Ms Dawkins suggested that instead of blind sympathy for the mother, the programme

should have looked at "more civilised custody disputes". She maintained that to be fair,

both perspectives should have been examined, or none at all.

TVNZ's Response to the Authority - 16 April 1996.

In its brief response, TVNZ advised that it had nothing further to add to its previous

letter. It suggested that Ms Dawkins had missed the focus of the item.

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