BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Publication of a forthcoming book by Ted Caldwell, a former Cook Strait steward,

which contained revelations about the conduct of ferry staff was the subject of a

discussion between the author and presenter Pam Corkery on 3 National News

between 6.00–7.00pm on 13 May 1994.

Mr Tarrant complained to TV3 Network Services Ltd that the discussion was

inflammatory and unbalanced and in breach of several broadcasting standards.

TV3 rejected the accusation that the interviewee was subjected to elements of

aggression, prejudice and "putdown" when responding to questions. It also rejected

the suggestion that the interview could be seen as inciting other union members to seek

retribution against the author for the remarks made in his book. TV3 defended the

presenter's interviewing style, pointing out that the most effective way to conduct an

interview is for the interviewer to play the devil's advocate. It declined to uphold any

aspect of the complaint. Dissatisfied with that decision, Mr Tarrant referred the

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

For the reasons set forth below, the Authority declined to uphold the complaint.

Decision

The members of the Authority have viewed the programme 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.

Mr Ted Caldwell, a former Cook Strait ferry steward and author of a forthcoming

book which focussed on the conduct and behaviour of his fellow stewards, was

interviewed on 3 National News on 13 May 1994. Because some of the book's

contents were critical of the stewards, one of the questions he was asked was whether

he kept his address secret to avoid the possibility of retribution.

Mr Terry Tarrant complained to TV3 about the interview. Listing the broadcasting

standards which he maintained had been breached, he insisted that the interviewer's

questions were aggressive, prejudiced and unbalanced, and that the remark about

possible retribution was inflammatory.

TV3 declined to uphold any aspects of the complaint. Arguing that it was the

interviewer's job to probe, it added that the interview was not an item reporting news

but had involved an exchange of opinions and that Mr Caldwell seemed to enjoy being

interviewed. It believed that the relatively light-hearted comment about possible

retribution was relevant to the interview as Mr Caldwell had criticised his former

workmates. It denied that it could be seen as an incitement to unlawful behaviour.

When he referred his complaint to the Authority, Mr Tarrant persisted with his

allegation that the broadcast breached standards G4, G5, G6 and G13 of the Television

Codes of Broadcasting Practice.

Those standards require broadcasters:

G4  To deal justly and fairly with any person taking part or referred to in any

programme.

G5  To respect the principles of law which sustain society.

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

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

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.

Having watched the item complained about, the Authority was of the view that the

interview involved some thoughtful questions put in a direct manner. The Authority

did not accept that the interviewer's manner was aggressive or insulting. It considered

that the question about the possible reactions from other stewards was wholly

justifiable in the context. Agreeing with TV3, the Authority believed that Mr

Caldwell was pleased at the exposure given by the interview to his book and had not

been overwhelmed by the interviewer.

Taking these conclusions into account, the Authority then assessed the complaint

against the standards nominated by Mr Tarrant. As it concluded that the interview

could not be seen as inciting violence, standard G5 had not been breached and as Mr

Caldwell was given and had taken the opportunity to respond to the presenter's

questions, the standard G6 requirement for balance had not been contravened.

Because the interview involved an exchange of opinion, during the news hours, the

exception in standard G13 (ii) applied so it was not necessary to decide whether the

substance of that standard would otherwise have been breached.

The Authority believed that the core of the complaint focussed on the standard G4

requirement that people be dealt with fairly. It decided that as the style and questions

were fair and as Mr Caldwell had not been seen to be disadvantaged in any way, that

standard had not been breached.

For the reasons given above, the Authority declined to uphold the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
1 September 1994

Appendix

Mr Tarrant's Complaint to TV3 Network Services Limited

In a letter dated 19 May 1994, Mr Tarrant of Auckland complained to TV3 Network

Services Ltd about an interview of Mr Ted Caldwell on 3 National News broadcast on

13 May 1994 between 6.00 - 7.00pm. Mr Caldwell, a former Cook Strait ferry

steward, was the author of a forthcoming book which focused on the conduct and

behaviour of his fellow stewards during the time he was employed on the ferry

service.

The Auckland based presenter, Pam Corkery, subjected Mr Caldwell, who was in the

Wellington studio, to a hard-hitting interview, which Mr Tarrant believed was

unbalanced, aggressive and unfair. He claimed it breached six of the broadcasting

standards, nominating standards G3, G4, G5, G6, G13 and G14 of the Television

Code of Broadcasting Practice.

Mr Tarrant also suggested that there was an inference in the interview of possible

retribution on the author by union members who took exception to the book. He

believed this inference was inflammatory.

TV3's Response to the Formal Complaint

TV3 advised Mr Tarrant of its Complaints Committee's decision in a letter dated 1

July 1994. It reported that the complaint had been considered under the standards

nominated by Mr Tarrant.

It summarised its understanding of the complaint as being based on Mr Tarrant's view

that the interviewee was subjected to elements of aggression, prejudice and "put

down" by the interviewer and a concern that there was an inference of retribution

against the author for comments made in his book.

Noting that the interview was broadcast live, TV3 noted that Mr Caldwell was given

every opportunity to express his own opinions. It maintained that the presenter did

nothing to give rise to a complaint that Mr Caldwell was not treated fairly. It believed

that Mr Caldwell enjoyed being interviewed and was probably grateful for the

publicity he received.

With respect to standard G5, TV3 maintained there was nothing unlawful about the

interview, and when the presenter asked if Mr Caldwell was keeping his address quiet,

he responded that he had been threatened before. To this response, the presenter

added that she was sure he would be threatened again when the book hit the streets -

this being a comment on the manner in which Mr Caldwell had discussed his former

colleagues. However, TV3 denied that there was anything unlawful about this part of

the interview, adding that it was a relatively light hearted interview about a serious

subject.

Turning to standard G6, TV3 noted that the role of the interviewer was to probe and

on occasions this was done most effectively by playing the devil's advocate. On this

occasion, it noted, the presenter played the devil's advocate and Mr Caldwell's

responses ensured that there was balance.

TV3 argued that standard G13 was irrelevant to this complaint, since the standard

specifically states that it is not intended to prevent the broadcast of material which is

the expression of genuinely-held opinion in a news or current affairs programme.

Similarly, TV3 maintained that standard G14 was not relevant, since Mr Caldwell was

clearly expressing his own views and it would have been both inappropriate and

impractical to seek differing views on every point raised.

Mr Tarrant's Complaint to the Broadcasting Standards Authority

Dissatisfied with TV3's decision, in a letter dated 11 July 1994, Mr Tarrant referred

his complaint to the Broadcasting Standards Authority under s.8(1)(a) of the

Broadcasting Act 1989.

While Mr Tarrant accepted that standards G3 and G14 were not relevant, he

maintained that the other standards nominated by him - standards G4, G5, G6, and

G13 were infringed in part or in whole. In particular, he insisted that the interviewer's

parting remark was inflammatory and consciously or unconsciously invited

retribution.

TV3's Response to the Authority

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

letter is dated 15 July and TV3's response, 19 July 1994.

TV3 advised that it had no further comment to make.