BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

"The matriarch of the world's most dysfunctional family is resting tonight" was the

introduction to a news item about the Queen Mother's 96th birthday. The comment

was broadcast on TV3's Nightline at about 10.30pm on 5 August 1996.

Mr Andrews complained to TV3 Network Services Ltd that the comment was

factually incorrect and malicious. He considered that it should be retracted.

Referring to the highly publicised marriage breakups in the Royal Family, TV3

acknowledged that while the word "most" could be neither proven nor disproven, the

use of the term was not inappropriate given the extensive publicity.

Dissatisfied with TV3's response, Mr Andrews referred the complaint to the

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

For the reasons below, the Authority upholds 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.

A news item referring to the celebration of the Queen Mother's 96th birthday

described her as "the matriarch of the world's most dysfunctional family". It was

broadcast on TV3's Nightline on 5 August 1996 about 10.30pm.

Mr Andrews complained to TV3 Network Services Ltd that such a comment on a

news programme was unacceptable and, in his view, breached standards G13 and G14

of the Television Code of Broadcasting Practice. He argued first, that the item

portrayed the Queen Mother in an inferior manner and secondly, that it was not

accurate, objective and impartial. He sought a retraction of the comment.

TV3 advised that it considered the complaint under the standards nominated by Mr

Andrews. Standard G13 of the Television Code of Broadcasting Practice requires

broadcasters:

G13 To avoid portraying people in a way which represents as inherently

inferior, or is likely to encourage discrimination against, any section of

the community on account of sex, race, age, disability, occupational

status, sexual orientation or the holding of any religious, cultural or

political belief. This requirement is not intended to prevent the

broadcast of material which is:

i) factual, or

ii) the expression of genuinely-held opinion in a news or

current affairs programme, or

iii) in the legitimate context of a humorous, satirical or

dramatic work.

The other standard reads:

G14 News must be presented accurately, objectively and impartially.

TV3 noted that the item in fact began:

The matriarch of the world's most dysfunctional family is resting tonight...

It then related highlights of the Queen Mother's 96th birthday celebrations, including a

drive in a horse drawn carriage in the company of the Queen, and a morning church

service which included a special rendition of "Happy Birthday" by the resident

organist.

Turning to the use of the word "dysfunctional", TV3 pointed out that in the Queen

Mother's immediate family there had been four widely publicised marriage break ups.

It considered it beyond doubt that the family was dysfunctional, adding that

historically it had a well-documented past of betrayal, executions, intrigue and

abdication.

With respect to the description of the family as the "most dysfunctional", TV3

conceded that although it was not capable of being proven, neither was it able to be

disproven. It argued there was no doubt that the marital problems of the royal family

were the most notorious, most publicised and most recognised of any family in the

world. It maintained to that extent the use of the phrase "most" was appropriate.

As far as standard G13 was concerned, TV3 argued there was no breach since the item

was unlikely to encourage discrimination. It also declined to uphold the complaint

that standard G14 was breached, noting:

The [Complaints] Committee observes that if every bulletin confined itself to

using only verbs and nouns we would be served with very dull fare indeed.

The Authority considers first the complaint that the item breached standard G13. It

notes that the standard does not apply to individuals, but to "any section of the

community" and therefore did not pertain to the Queen Mother herself. Consequently

it concludes the standard was inapplicable.

It then examines the description of the Royal Family as being "the world's most

dysfunctional". Although it would agree with TV3 that the Royal Family's marital

problems have been extensively publicised, it was, in the Authority's view, a

somewhat extravagant claim, totally incapable of substantiation, to state without

qualification that it is the world's most dysfunctional family. Noting that the

requirement for news to be accurate, objective and impartial is an absolute one, the

Authority is compelled to uphold the complaint that standard G14 was breached.

For the reasons set forth above, the Authority upholds the complaint that a

news item broadcast by TV3 Network Services Ltd on 5 August 1996 at about

10.30pm breached standard G14 of the Television Code of Broadcasting

Practice.

It declines to uphold any other aspect of the complaint.

Having upheld a complaint, the Authority may make an order under s.13(1) of the

Broadcasting Act 1989. It does not intend to do so on this occasion, considering the

minor nature of the breach.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
31 October 1996

Appendix

Mr Andrews' Complaint to TV3 Network Services Ltd - 6 August 1996

Graeme Andrews of Auckland complained to TV3 Network Services Ltd about a

comment broadcast on the news programme Nightline at 10.30pm on 5 August 1996.

The item had dealt with the Royal Family and the Queen Mother was described as

"the mother of the world's most dysfunctional family". Mr Andrews said that the

comment was factually incorrect and malicious, and should be retracted.

In a further letter dated 14 August, Mr Andrews said that the comment breached

standards G13 and G14 of the Television Code of Broadcasting Practice. Whereas the

comment might be applicable to the family of South Auckland serial rapist Joseph

Thompson, he added, it was an unacceptable way to refer to the Royal Family in a

news broadcast.

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

Pointing out that the comment complained about described the Queen Mother as "the

matriarch of the world's most dysfunctional family", TV3 said that the item reported

her 96th birthday at Sandringham Palace. In regard to the complaint, TV3 wrote:

The family of which the Queen Mother is matriarch has, in the immediate family

tree, four highly publicised marriage breakups. Breakups that have occasioned

the whole world to gasp as they have unfolded. Breakups that have altered or

cast in to doubt the ascension to the throne of England and the identity of who

will be the head of the Commonwealth. That the "family" currently is

dysfunctional is beyond doubt. Historically the "family" has a well documented

past of betrayal, executions, intrigue, and abdication.

TV3 also acknowledged that while it was not able to prove the use of the phrase

"most" dysfunctional, it was also not able to disprove the claim. And, given the

world-wide publicity, it did not consider the use of the word "most" to be

inappropriate.

Mr Andrews' Referral to the Broadcasting Standards Authority - 3 September

1996

Dissatisfied with TV3's reply, Mr Andrews referred his complaint to the

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

review.

TV3's Report to the Authority - 10 September 1996

TV3 advised the Authority that it did not want to comment further.