BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An apology from the Police for the deficiencies in the original investigation into the

death of 12 year-old Agnes Alli'Iva'A was dealt with in a news item on Nightline

broadcast at about 10.30pm on 6 August 1996. The item included three photographs

showing some of the injuries inflicted on Agnes at the time of her death.

Fr Downs complained to TV3 Network Services Ltd, the broadcaster, that there was

no reason to show post-mortem photographs of a dead child. He believed that the

photographs were indicative of the gutter press and intended to titillate viewers.

Explaining that it had been working with the family, TV3 said that there had been

discussions with the immediate family before the images were shown. It believed that

the use of the photographs was justified in the overall context of the item to show the

nature of the evidence that the Police had initially overlooked.

Dissatisfied with TV3's decision, Fr Downs referred his 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 unusual decision on the part of the Police to apologise for deficiencies in the

original investigation and re-open an inquiry into a person's death was covered in an

item on TV3's late evening news, Nightline, broadcast at 10.30pm on 6 August 1996.

The death to be re-investigated was that of 12 year-old Agnes Alli'Iva'A and the item

included several photographs taken after her death. One showed some bruising to her

back and another showed her face.

Father Downs complained to TV3 that the pictures of the dead girl seemed to be

designed to shock or titillate and that they made no attempt to give any dignity to the

young girl. He alleged a breach of standard G17 of the Television Code of

Broadcasting Practice which reads:

G17 Unnecessary intrusion in the grief and distress of victims and their families

or friends must be avoided. Funeral coverage should reflect sensitivity and

understanding for the feelings and privacy of the bereaved.

Broadcasters must avoid causing unwarranted distress by showing library

tape of bodies or human remains which could cause distress to surviving

family members. Where possible, family members should be consulted

before the material is used. The standard is not intended to prevent the

use of material which adds significantly to public understanding of an issue

which is in the public arena and interest.

Assessing the complaint under the nominated standard, TV3 explained that it had been

working closely with the girl's family and the acknowledgment by the Police of

deficiencies in the initial investigation and its apology to the family were the latest

developments "in a long series of tragic events".

TV3 accepted that the use of the photographs by themselves would have been

unwarranted. However, as there had been "reasonable consultation with the

immediate family" and as the photographs gave some indication of the evidence

initially overlooked by the Police, TV3 considered that the photographs "significantly

added" to the public understanding of the issue.

When he referred the complaint to the Authority, Fr Downs argued that there was no

reason to show the post-mortem photographs – even with the family's permission –

other than prurience.

The Authority begins by emphasising that standard G17 requires that unnecessary

and unwarranted intrusion into grief and distress of victims and their families is to be

avoided. The onus is clearly placed on the broadcaster to justify the coverage used on

a particular occasion. Moreover, there should be consultation with the family and the

gratuitous use of material is not acceptable.

The Authority considers that it is important to note that the photographs of Agnes

were shown on the news at 10.30pm. Indeed, it is inclined to the view that they

would have been unacceptable in the news at 6.00pm. It also accepts that the purpose

for which they were shown was serious in that it raised questions as to the apparently

cursory nature of the initial investigation.

TV3 advised the Authority that the family was consulted about the use of the

pictures. The Authority believes that viewers should have been told of this at the

time the item was screened and, further, in view of the lingering nature of the

photograph of the dead girl's face, suggests that a warning of the impending material

might also have been appropriate at that time.

TV3's response to the complaint is clearly phrased to take into account the

requirements of standard G17. The Authority accepts that the use of the photographs

was neither prurient nor gratuitous, and as they were shown on the late news, it

considers overall that the item did not breach standard G17.

For the reasons above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
31 October 1996

Appendix

Fr Downs' Complaint to TV3 Network Services Ltd - 12 August 1996

Father Frank Downs of Turangi complained to TV3 Network Services Ltd about an

item broadcast on the news programme Nightline at about 10.30pm on Tuesday 6

August 1996.

The item reported that the Police were to re-open the investigation into the death of a

young girl. It then showed three pictures, apparently from the post-mortem, showing

bruising to her body and then a full-face picture taken after her death.

Fr Downs said it was a disgrace to broadcast those pictures which, seemingly, were

designed to shock or titillate. He wrote: "They made no attempt to give any dignity

to this young girl", and described their showing as gutter press journalism.

In a letter dated 19 August, he said that the broadcast of the item breached standard

G17 of the Television Code of Broadcasting Practice.

TV3's Response to the Formal Complaint - 27 August 1996

Assessing the complaint under the nominated standard, TV3 explained that the news

item was the latest development "in a long series of tragic events".

TV3 pointed out that it had been working closely with the girl's family (the Alli'Iva'A

family) and, in an extraordinary announcement, the Police acknowledged deficiencies in

the initial investigation and apologised to the family. It was, therefore, a significant

story, and TV3 added:

The Complaints Committee accepts the use of the photographs by themselves

would have been unwarranted. However, in the overall context of the item and

public interest in understanding the nature of the evidence overlooked by the

Police, the use of the photographs was justified.

Referring to the discussions with the family, TV3 concluded:

The Committee is satisfied reasonable consultation with the immediate family

took place before the images were initially broadcast. Further, the Committee is

of the view the material significantly added to the public understanding of an

issue which is in the public arena and interest.

Accordingly, it declined to uphold the complaint.

Fr Downs' Referral to the Broadcasting Standards Authority - 28 August 1996

Dissatisfied with TV3's decision, Fr Downs referred his complaint to the

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

Fr Downs argued that prurience was the only justification for showing the post-

mortem pictures and said that there was no reason - even with the family's permission

- to show the post-mortem pictures of a child.

TV3's Report to the Authority - 10 September 1996

TV3 advised that it did not wish to comment further.