BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The election by Parliament of a Deputy Speaker was the subject of news items on One

Network News and Tonight broadcast at 6.00pm and 9.50pm respectively on 13

December 1996. The items showed exchanges in the House following the selection of

the Deputy Speaker.

Mr Gibson complained to Television New Zealand Limited, the broadcaster, that the

items were unfairly one-sided in broadcasting comments made by the Deputy Labour

leader, Michael Cullen, about the Deputy Prime Minister, Winston Peters, without

broadcasting either the objections made to those comments, or Dr Cullen's subsequent

withdrawal and his apology for them.

TVNZ responded that Dr Cullen's specific comments were not the focus of the

broadcasts, but rather the items concerned the mood of Parliament on that day. The

comments, it said, were used as examples of the extreme testiness which marked the

day's debates when all parties were seen to be involved in mud slinging. It contended

that there was no lack of balance evident and it declined to uphold the complaint

Dissatisfied with the response he received, Mr Gibson referred the complaint to the

Broadcasting Standards Authority under section 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 items complained about, and have read

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

determines the complaint without a formal hearing.

News items on One Network News broadcast at 6.00pm, and Tonight broadcast at

9.50pm on 13 December 1996, concerned the election of the Deputy Speaker in the

House. The items broadcast some of the exchanges in the House which followed the

announcement. In one exchange the Deputy Prime Minister, Winston Peters was seen

as stating that the support for the Deputy Speaker nominated by the National Party was

part of the Coalition deal. Dr Cullen, the Deputy Leader of the Opposition, was seen to

respond stating:

That man has lied about every aspect of the agreement between us and NZ First.

That man has lied his way into the Deputy Prime Minister's chair.

Mr Gibson of Wellington complained to TVNZ that it had acted unfairly, and had been

one-sided in broadcasting Dr Cullen's statement that Mr Peters told lies, without

showing either the objections made in the House to those statements, or Dr Cullen's

withdrawal of the statement and his apology.

TVNZ considered the complaint under standard G6 of the Television Code of

Broadcasting Practice which requires broadcasters:

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

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

TVNZ declined to uphold the complaint, advising that the comments made by Dr Cullen

were not the subject of the news items. The news items were about the mood of

bitterness in the house that day, and Dr Cullen's comments served as one example of

what it called "extreme testiness". The comment, it said, was an example of political

hyperbole which marked the day's debate. It said all sides were seen to be involved in

the mud slinging and there was no lack of balance evident.

In referring his complaint to the Authority, Mr Gibson advised that he was dissatisfied

with the explanation provided to him by TVNZ for the broadcast.

The Authority in investigating and reviewing the decision by TVNZ, notes in

considering standard G6 (correctly nominated by TVNZ), that the need for balance

impartiality and fairness relates to issues which are dealt with in any particular

broadcast. In this case, the items at issue were about the election of the Deputy Speaker

and the way the appointment had been received by the House. Dr Cullen's comments

were not items of news in themselves but were used to show the mood of reaction to

the appointment, and the overall atmosphere in the House. In the context of the other

comments by members of the House broadcast, and the overall purpose of the items,

the Authority's view is that it was not necessary for any clarification of Dr Cullen's

comments to be made by TVNZ. It points out, however, that had TVNZ isolated Dr

Cullen's comments, the situation may have been different. The Authority does not

consider there to have been a breach of standard G6 in this case.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
20 March 1997

Appendix

Mr Gibson's Complaint to Television New Zealand Limited -

16 December 1997

Mr Mike Gibson of Wellington complained to Television New Zealand Ltd that items

concerning the election by Parliament of a Deputy Speaker on One Network News and

Tonight, broadcast on TV One at 6.00pm and 9.50pm respectively on 13 December

1996, were unfairly one-sided. His view was that while comments by the Deputy

Labour leader, Dr Cullen, which accused the Deputy Prime Minister, Mr Peters, of

telling lies were broadcast, the objections in the House to those comments, and Dr

Cullen's subsequent withdrawal of them and apology, were not screened.

TVNZ's Response to the Formal Complaint - 6 January 1997

TVNZ considered Mr Gibson's complaint under standard G6 of the Television Code of

Broadcasting Practice which requires broadcasters:

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

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

TVNZ's view was that, as the comments made by Dr Cullen were not the subject of the

items broadcast, it was not duty bound to report any subsequent apology or

withdrawal. Dr Cullen's remarks, it advised, were used as one of the examples of the

extreme testiness which marked that day's parliamentary debate. All sides of the

House, it added, were seen to be involved in mud slinging, and there was no lack of

balance evident. TVNZ declined to uphold the complaint.

Mr Gibson's Referral to the Broadcasting Standards Authority - 22

January 1997

Dissatisfied with TVNZ's response, Mr Gibson referred his complaint to the

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

No further comments were made by Mr Gibson.

TVNZ's Response to the Authority - 29 January 1997

TVNZ advised that it had nothing further to add.