BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

The Authority did not uphold a complaint regarding inclusion of a comment, ‘The party is reeling’, in the context of a news bulletin regarding the resignation of National Party Members. The complainant submitted this was unnecessary editorial comment which should not have been in a news bulletin. The Authority found the comment was distinguishable as analysis or opinion, a matter of editorial discretion and unlikely to mislead listeners.

Not Upheld: Accuracy

The broadcast

[1]  During a news bulletin on Radio New Zealand (RNZ) National, at 5am on 22 July 2020, host Vicki McKay commented on the resignation of five National Party Members of Parliament (MPs) within two weeks:

National's leader Judith Collins is making it clear to her MPs that if they have any dirty laundry, they need to air it out now. The party is reeling from Andrew Falloon's disgraced exit from politics after he sent a pornographic image to a young woman. The police are seeking more information now that three more women have come forward saying Mr Falloon also sent them sexually explicit pictures. Ms Collins has told her MPs that if they have anything they need to disclose, they need to come forward now. The National Party is dealing with its second scandal in a month - and its fifth resignation in just over two weeks.

The complaint

[2]  Jane Collier complained the broadcast breached the accuracy standard of the Radio Code of Broadcasting Practice as follows:

• It is not news to say ‘The party is reeling’. It is an editorial comment, or someone’s opinion, and unnecessary.
• An opinion is valid but in a separate part of a broadcast, and as long as the person expressing it is identified.
• It is insulting to the listener to include as news a deduction (in this case that the National Party is reeling) which may or may not be accurate.  It is a matter better left for the listener to determine.
• There has been a trend over time to use emotional terms to announce facts. It is a form of subtle manipulation.
• RNZ should be able to inform listeners of the facts without telling them how to think.

The broadcaster’s response

[3]  RNZ did not uphold Ms Collier’s complaint for the following reasons:

• The matter raised is one of style rather than standards.
• The comment was a reasonable shorthand reference to the relevant events that had affected the National Party.
• The comment would not have misled the audience.
• To the extent the use of the word ‘reeling’ could be considered under the accuracy standard, it was not in breach.

The referral

[4]  In her referral to the Authority, Ms Collier submitted the broadcaster had incorrectly considered her complaint under the good taste and decency standard. This appears to have been an error. However, the broadcaster also considered the use of the word ‘reeling’ under the accuracy standard and determined it was not in breach, as above. In any case, pursuant to section 8(1B) of the Broadcasting Act 1989, we are required to consider a complaint under the standard(s) originally raised by the complainant. Accordingly, we have considered Ms Collier’s complaint under the accuracy standard.

The standard

[5]  The purpose of the accuracy standard is to protect the public from being significantly misinformed.¹ It requires broadcasters to make reasonable efforts to ensure any news, current affairs or factual programme is accurate in relation to all material points of fact, and does not mislead. Expressions of comment, analysis or opinion are exempt from the requirement to be accurate.²

Our findings

[6]   We have listened to a recording of the broadcast and read the correspondence listed in the Appendix. We have also considered the important right to freedom of expression, including the broadcaster’s right to impart ideas and information and the public’s right to receive that information, which is the starting point when we consider any complaint.

[7]  We may only intervene and uphold a complaint where the broadcast has caused actual or potential harm at a level that justifies placing a reasonable limit on the right to freedom of expression. For the reasons below, we have not found any such harm in this case.

Accuracy

[8]  As above, the accuracy standard does not apply to expressions of comment, analysis or opinion, provided they are clearly distinguishable as such.³ An opinion is someone’s view; it is contestable and others may hold a different view.⁴ A fact is verifiable, something that can be proved right or wrong.⁵

[9]  Ms McKay’s comment ‘The party is reeling’ is distinguishable as analysis or opinion. Ms Collier identifies this herself, but complains such comments should not have been included in the same part of the broadcast as news, and without identifying the person expressing it. We acknowledge the complainant’s concern regarding the importance of reporting facts without the interpolation of hyperbole. However, we agree with RNZ this is not a matter for the accuracy standard, but one of editorial discretion, which is outside our jurisdiction.

[10]  In any case, we are satisfied listeners would not have been misled. The material facts conveyed were Mr Falloon’s resignation, the circumstances of that resignation and the fact five National MPs had resigned within two weeks. Listeners would not have been given a wrong idea or impression about these facts.

[11]  Accordingly, we do not uphold this complaint.

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

Judge Bill Hastings

Chair

9 December 2020    

Appendix

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

1  Jane Collier’s formal complaint – 22 July 2020

2  RNZ’s response to the complaint – 21 August 2020

3  Ms Collier’s referral to the Authority – 25 August 2020

4  RNZ’s confirmation of no further comment – 17 September 2020

¹ Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
² Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 19
³ Guideline 9a
⁴ Guidance: Accuracy – Distinguishing Fact and Analysis, Comment or Opinion, Broadcasting Standards in New Zealand Codebook, page 64
⁵ As above