BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Following its condemnation of the Hebron massacre, an item on One Network News

reported, the United Nations had called for a temporary international peace force in

Israel. The item was broadcast on 20 March 1994.

The Chair of the Wellington Palestine Group, Ms el Maaroufi, complained to

Television New Zealand Ltd that the Occupied Territories, not Israel, was the correct

description of the area referred to.

Acknowledging the error, TVNZ upheld the complaint and said that the specific

reporter had been firmly reminded of the directive in the Journalists' Manual about

the use of the phrase "the occupied territories". Dissatisfied with the accuracy of the

directive set out in the Journalists' Manual, on behalf of the Group Ms el Maaroufi

referred that aspect of the complaint to the Broadcasting Standards Authority under

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

For the reasons given below, the Authority declined 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

has determined the complaint without a formal hearing.

An item on One Network News broadcast by Television New Zealand Ltd on 20

March 1994 reported that the United Nations had called for a temporary international

peace force to be established in Israel after the Hebron massacre. The Wellington

Palestine Group complained that it was inaccurate to report that the peace force

would be set up in Israel when the region concerned was the Occupied Territories. It

noted that this was not the first time it had drawn to TVNZ's attention the need for

accuracy in describing this region.

TVNZ responded that it had assessed the complaint against standard G14 of the

Television Code of Broadcasting Practice which reads:

G14 News must be presented accurately, objectively and impartially.

Acknowledging that it was clearly wrong to describe the Occupied Territories as

Israel, TVNZ upheld the complaint that the item breached standard G14. Upon

investigation into how the error occurred, TVNZ reported that it was a result of

carelessness and that consequently, the reporter had been given a firm reminder of the

requirements set down in a directive contained in its Journalists' Manual. TVNZ

quoted from that directive:

2(a) Gaza, the West Bank, the Golan Heights and East Jerusalem are all

areas whose status is in dispute since they were annexed by Israel after

the six day war in 1967.

Our policy, in line with other broadcasters, is to refer to these areas as

"the occupied territories".

It expressed its disappointment that the mistake had occurred within days of another

complaint from the Group which had resulted in a memorandum being issued to staff

by the Director of News and Current Affairs. TVNZ apologised for the mistake and

assured the Group that it would redouble its efforts to achieve accuracy in its

reporting of events in the Middle East.

In its referral to the Authority, Ms el Maaroufi for the Group described TVNZ's

response as unsatisfactory and accused it of being incapable of doing anything about

what is a frequent, yet very simple, mistake. The Group maintained that the

complaint was not adequately dealt with because the section of the Journalists'

Manual which TVNZ quoted from contained fundamental errors and omissions.

Asserting that the manual mistakenly listed areas as "in dispute", the Group

maintained that under the terms of law, those areas were "occupied". Secondly, it

pointed out that although Israel has annexed East Jerusalem and extended its law to

the Syrian Golan Heights, it has never annexed the West Bank and Gaza. Thirdly it

argued that Southern Lebanon, encompassed by the Israeli "Security Zone" should

also be listed in the Manual.

TVNZ responded that the contents of its Journalists' Manual was not a matter that

was within the Authority's jurisdiction and that the complaint should be confined to

what was actually broadcast.

The Authority accepted that it had no jurisdiction to comment on the content of the

Journalists' Manual, observing only that to be effective, a manual should be correct.

It also noted that the broadcaster had had the complainants' views clearly and

forcefully expressed to it. With regard to the present complaint, however, it was of

the view that the fact that the mistake had been acknowledged and an assurance given

that it would not occur again was a satisfactory outcome. It considered that TVNZ

had taken appropriate action in the circumstances and therefore declined to uphold the

complaint that the action taken was insufficient.

For the reasons set forth above the Authority declines to uphold the complaint

that TVNZ's action was not sufficient.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
15 August 1994

Appendix

Wellington Palestine Group's Complaint to Television New Zealand Limited

In a letter to Television New Zealand Ltd dated 1 April 1994, the Chair of the

Wellington Palestine Group, Ms Nadia el Maaroufi, referred to a broadcast on 13

March which related to an earlier complaint that the Group had made to TVNZ about

an item on 60 Minutes.

In addition, the Group complained formally about the accuracy of a recent news item

which referred to the call by the United Nations for "an international peace force in

Israel". The Group believed the item had been broadcast on 18 March.

TVNZ's Response to the Formal Complaint

TVNZ advised the Group of its Complaints Committee's decision in a letter dated 3

May 1994.

TVNZ noted that the complaint referred to a One Network News item broadcast

between 6.00 - 6.30pm on 20 March when the broadcast referred to stated:

The UN officially condemned the (Hebron) massacre this weekend and called

for a temporary international peace force in Israel.

Assessing the complaint under standard G14 of the Television Code of Broadcasting

Practice, TVNZ acknowledged that the statement, by referring to Israel and not the

occupied territories, was clearly wrong and the complaint was upheld. TVNZ

continued:

The [Complaints] Committee shared your frustration that once again the news

area had erred in this manner. It heard that human error was the cause and that

the reporter whose carelessness led to this reference had been firmly reminded

of the requirements set down in a directive from the Director of News and

Current Affairs and included in the Journalists' Manual. This directive states:

2(a) Gaza, the West Bank, the Golan Heights and East Jerusalem are all

areas whose status is in dispute since they were annexed by Israel after

the six day war in 1967.

Our policy in line with other broadcasters, is to refer to these areas as

"the occupied territories"

Apologising for the mistake, TVNZ said that the News and Current Affairs

department intended to redouble its efforts to achieve accuracy in its reports on the

Middle East.

The Group's Complaint to the Broadcasting Standards Authority

Dissatisfied with the action taken by TVNZ, on 26 May 1994 Ms el Maaroufi on the

Group's behalf of the Group referred the complaint to the Broadcasting Standards

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

She wrote:

The response is unsatisfactory in that TVNZ appears to be incapable of doing

anything about what is a frequent yet very simple mistake.

The matter had been referred to the Authority, she continued, as the Journalists'

Manual quoted contained the following "fundamental errors and omissions":

1) The Manual mistakenly lists the areas "in dispute". The truth is that

under frequently expressed terms of law they are "occupied". The

distinction is important, even if some American and Israeli politicians

sometimes attempt to blur it.

2) Israel has not annexed these areas. It has annexed East Jerusalem and it

has extended its law to the Syrian Golan Heights. Israel has never

annexed the West Bank and Gaza.

3) Southern Lebanon, encompassed by the Israel "Security Zone" should

also be listed.

TVNZ's Response to the Authority

As is its practice, the Authority sought the broadcaster's response to the complaint.

Its letter is dated 30 May 1994 and TVNZ's reply, 24 June.

TVNZ said that it had little to add, repeating that it had acknowledged an error,

spoken to the journalist responsible and reminded him that the phrase "occupied

territories" was to be used in all references to Gaza, the West Bank, the Golan Heights

and East Jerusalem. It added:

While we are grateful for the Group's observation concerning an entry in the

TVNZ's Journalists' Manual, we submit that it should not be considered as

part of this complaint which is about a broadcast item.

The Group's Final Comment to the Authority

When asked to comment on TVNZ's response, Ms el Maaroufi in a telephone call on

29 July advised that the Group had made its submissions and had nothing further to

add.