BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Police reports of the incidence and types of domestic violence featured in an item on

Crimewatch broadcast on TV1 on 25 July 1995. The item was a repeat of an earlier

one broadcast 18 months previously.

Mr Golden complained to Television New Zealand Ltd, the broadcaster, that the item

lacked balance and treated men unfairly by portraying women as innocent victims of

domestic violence perpetrated by men.

In its response to the complaint, TVNZ explained that the broadcast coincided with

national publicity regarding domestic violence and in its view, properly focused on

male violence against women. It reported that the crime statistics showed that cases

involving male offenders far outweighed those in which men were victims. With

respect to the argument that the item denigrated men, TVNZ responded that the

dramatised incidents were based on fact and therefore covered by the exemption in

standard G13 (i) and (ii). Dissatisfied with that response, Mr Golden referred 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 (which is summarised in the Appendix). As is its normal practice,

the Authority has determined the complaint without a formal hearing.

An item on the Crimewatch programme broadcast by TVNZ on TV1 on 25 July 1995

focused on violence in the home. It contained a report of police statistics on the

incidence and frequency of domestic violence and showed reconstructions of two

reported scenes of domestic violence. The item referred to a Women's Refuge

campaign and included comment from the police on the incidence of the problem.

Mr Golden complained to TVNZ that the programme was unbalanced because it

showed about six incidents which suggested that men were the perpetrators and

women the innocent victims of domestic violence. He referred to independent studies

done in the UK and the USA which showed that domestic violence was equally likely

to be initiated by either sex, and declared that TVNZ was irresponsible for not

referring to that research. He complained that the item made no attempt to show the

cost to a man of quitting a relationship and suggested that women, on the other hand,

were able to quit their partner, retain their children and their homes, and leave their

former partner to foot the bills. He also regarded as unfair the suggestion made in the

narrative that financial control was a form of domestic violence, arguing that it was

contrary to good non-violent relationships to allow one partner to spend profligately.

TVNZ reported that it had assessed the complaint in terms of standards G6 and G13

which require broadcasters:

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, occupation

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.

Noting that the item was first broadcast in December 1993, TVNZ explained that it

was included on the July 1995 Crimewatch programme to provide an update on issues

concerned with domestic violence. In addition to the reconstructions of two incidents

of domestic violence, it included an interview with the co-ordinator of the Police

Family Violence campaign and narrative comment by the presenter who reported

police statistics – 10,000 assaults by men against women in 1994 – and identified some

behavioural traits both of victims and abusers. The report was linked to a Women's

Refuge campaign, and referred to the kinds of help that victims of abuse were entitled

to.

TVNZ did not share the complainant's view that the dramatised incidents shown in

the programme were unreal in representing the female victims as perfectly innocent. It

was TVNZ's understanding that the scenarios shown were typical of domestic abuse

which occurs in New Zealand. It denied the allegation that the item was unbalanced

because it did not report incidents of violence by women, noting that the item quite

properly placed the emphasis on male violence against women because police

statistics showed that was the major source of domestic violence in this country.

TVNZ also rejected the complaint that men were denigrated by the item, arguing that

because the incidents were based on fact, the exemption in paragraph (i) applied and

further submitted that the view that men who abused their partners might be regarded

as "inherently inferior" was an expression of genuinely-held opinion and thus the

exemption in paragraph (ii) applied.

The Authority's assessment of the complaint took into account the fact that

Crimewatch is a well-established programme which examines local police and law

enforcement issues. Consequently, the Authority did not consider it was necessary to

refer to the American and British research alluded to by Mr Golden, which he claimed

showed that women were more likely to initiate violence, because the item's focus was

on New Zealand's crime statistics and the large number of incidents in which women

were victims. The Authority considered that an examination of the causes of domestic

violence was outside the ambit of the programme, and that it was clearly confined to a

discussion of the incidence of reported domestic violence in New Zealand, the services

available to victims, and how friends and neighbours could recognise symptoms of

family violence and should call the police on behalf of the victim.

Turning to the complaint that standard G6 was breached because the item failed to

acknowledge the role of women as instigators of violence against men, the Authority

reached its conclusion, on the basis of the factual evidence presented in the item, that

the police viewed the problem as being one which overwhelmingly affected women. It

also took into account that the programme was one which deals with the police

response to social issues. In the Authority's view, as over 10,000 incidents had been

reported to the police in which women were the victims of domestic violence, it was

legitimate for police to make the assumption that such violence was typically

perpetrated by men against women. In the context of Crimewatch, a programme

which invites community response to unlawful behaviour, the Authority considered

the item was fully justified in examining how members of the community should best

respond to incidents of family violence involving friends or neighbours, and what

services were available for victims and their families. As the question of crime which

is not reported was outside the ambit of the programme, the Authority declined to

uphold the complaint which alleged it lacked balance.

With respect to the complaint under standard G13, in the Authority's view, if

perpetrators of domestic violence are to be regarded as inherently inferior, there is

some factual justification for that opinion which is therefore covered by the

exemptions in paragraphs (i) and (ii) of standard G13.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
26 October 1995

Appendix

Mr Golden's Complaint to Television New Zealand Ltd - 26 July 1995

Allan Golden of Wellington complained to Television New Zealand Ltd that its

broadcast of Crimewatch on 25 July 1995 breached broadcasting standards because it

showed:

...a series of about six incidents where apparently perfectly reasonable and

innocent women were overpowered by unreasonable violent men.

According to Mr Golden, independent studies in UK and USA show that domestic

violence is equally likely to be initiated by either sex. He objected to the message

which the programme conveyed that all women were perfectly reasonable and

considerate while a significant number of men were not. He wrote:

The item made no attempt to show the cost to a man of quitting a relationship

by quietly walking out especially where a young family is involved. He

automatically cuts himself off from his children and is frowned on by society

and his children and labelled a deserter. Protesting by way of violent

outbursts, the only and most used alternative, invariably has a similar result by

way of a Court imposed family breakup but at least he has demonstrated

(however crudely) that he cares.

On the other hand he contended, women were able to quit their partner, retain access

to their homes and children and leave their partners to foot the bills. He added:

Female partners of low income families have good financial incentives to toss

the partner out as well as the prestige of "going it alone" like so many female

celebrities.

Further, he complained that the item referred to financial control as being some form of

domestic violence. He regarded as unfair the implication that if one partner monitored

the other's expenditure of domestic funds, it was somehow unhealthy. Pointing out

the serious effects of bankruptcy, he submitted that it was contrary to good non-

violent relationships to allow one partner to spend to their heart's content.

He requested that the broadcaster be required to apologise for this unbalanced

programme and present another programme aimed at preventing domestic violence

before it occurs by identifying the causative factors.

TVNZ's Response to the Formal Complaint - 18 August 1995

TVNZ explained that the aim of Crimewatch was to involve the public in helping

solve crimes or preventing criminal activity. The domestic violence item was a repeat

of an item first shown 18 months earlier with an update from the person who

coordinated the Police Family Violence Campaign. Its broadcast coincided with a

number of annual appeals, including that for Women's Refuges.

TVNZ advised that it did not share Mr Golden's view that the dramatised incidents

shown in the item were unreal in representing the female victims as perfectly innocent.

It reported that the New Zealand Police statistics showed that there were 10,000

assaults by men against women in 1994 while the number of men assaulted by women

was very small. TVNZ disagreed that the scenarios shown were unreal in showing the

female victims as perfectly innocent, commenting that it understood the scenarios

shown were typical of spousal abuse which occurs in New Zealand. It described as

"remarkable" Mr Golden's comment that a man reacting violently to his partner was

demonstrating that he cares.

Responding to Mr Golden's suggestions about financial control, TVNZ observed that

agencies dealing in this area report that psychological control by means of financial

deprivation was exerted in many cases where domestic violence was present. It also

expressed its view that it was appropriate to remind viewers about domestic violence

and that Crimewatch was justified in highlighting where the greatest problem lies.

With respect to standard G6, TVNZ responded that the item quite properly placed

the emphasis on male violence against women, noting that it was the major source of

domestic violence in New Zealand.

As for standard G13, TVNZ argued that the standard was not breached because the

dramatised incidents were based on fact and therefore covered by the exemption in

G13(i). It further submitted that the view that men who abuse their partners are

"inherently inferior" is an expression of genuinely-held opinion and would therefore be

exempted under G13(ii).

TVNZ concluded that the its broadcast was both appropriate and timely and did not

breach any broadcasting standards.

Mr Golden's Referral to the Authority - 24 August 1995

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

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

Referring to TVNZ's explanation about the nature of the programme, Mr Golden

rejected any suggestion that his complaint was invalid because the matters complained

of were not the purpose of the programme.

In support of his claim that domestic violence was instigated by men and women

equally, he enclosed an article by Dr Greg Newbold printed in The Dominion that day

which stated with regard to the notion that men are responsible for domestic violence:

The assumption is false. Research from the United States and Britain shows

that women are slightly more likely to assault their husbands than the other

way around.

Mr Golden pointed out that he had said the same thing himself in his original letter of

complaint. In his view, it was irresponsible for TVNZ to reject the research as

apparently contrary to the opinions and research of the New Zealand Police. He

argued that crime patterns were very similar the world over and New Zealand was

very similar to the USA and Britain in terms of its dominant culture, wealth and

governmental and economic systems.

As for the figures provided by the Police, Mr Golden agreed that he they were in line

with figures elsewhere. He argued that complaints by men about being assaulted by

their women partners were not generally taken seriously and generally did not give the

man the custody of his children in the event of a breakup.

Mr Golden agreed with TVNZ that the causes of domestic violence were not relevant.

However, he wrote:

I claim that the programme told women that their behaviour was impeccable in

any domestic upheaval which may have come their way. It told men that they

were completely wrong on all counts. The result is that women will not seek

to improve their behaviour towards their partner (it's impossible to improve

on perfect) while men will harbour great resentment on society for the injustice

of what they are told.

In Mr Golden's view, this programme would have contributed to domestic violence

and the male suicide rate would have increased because of the demeaning way in which

they have been portrayed.

With respect to standard G6, Mr Golden claimed that there was no valid evidence to

suggest that male violence against women is the major cause of violence against women

as TVNZ contended. He maintained that female violence against men was clearly also

a major source and added:

The programme did more than place emphasis on male violence against women

as TVNZ have admitted. It totally ignored the reverse offending.

As far as standard G13(i) was concerned, Mr Golden suggested that the evidence

showed that men might be slightly superior to women with respect to their domestic

violence behaviour. He argued that the dramatised incidents were only part of the

domestic violence spectrum and showed men to be inherently inferior because the

incidents implied that the offenders came only from the male population. Turning to

TVNZ's argument under standard G13(ii), Mr Golden contended that there was no

attempt to disclose whose opinion was being presented and the viewer was only left

to assume that it was the carefully researched objective opinion of the makers of the

programme. He argued that standard G13(ii) only applied where the holders of the

opinion appeared on screen to give their views. He added:

No evidence has been produced to verify that it is the view of New Zealand

Police that female initiated domestic violence is insignificant. The police

officer did not say that, probably because he knew quite well that it was

incorrect. The problem lies in the sly way in which the programme segment

was made.

In conclusion, Mr Golden wrote that the programme segment was about crime which

was not reported, whereas police records were all about crime which was reported. In

his view, determining what was not reported was the work of sociologists and other

scientists.

TVNZ's Response to the Authority - 7 September 1995

TVNZ repeated that Crimewatch was a programme which sought to involve viewers

in the work of the Police in combating crime. It claimed that it was a fact that the

Police were concerned about the level of violence against women in domestic situations

and used the realistic scenarios to draw attention to the problem.

It did not deny that there were incidents of men being abused by their spouses, but

noted that it was the abuse of women which was the subject of the item which was

broadcast at the same time as a number of public appeals, including one for Women's

Refuges.

It concluded that when the Police report serious crime involving domestically abused

men, then it would be reflected in future Crimewatch programmes. At present, TVNZ

noted, the police were more involved in cases where women were victims.

Mr Golden's Final Comment - 12 September 1995

When asked to make a brief final comment, Mr Golden responded to points made in

TVNZ's letter to the Authority. First, he disputed TVNZ's statement that it was the

abuse of women which was the subject of the item. He argued that it was about

"domestic violence" with no qualifications made, and noted that the police officer

interviewed talked about victims and offenders and not about men and women.

Mr Golden claimed that TVNZ in its letter of 18 August admitted that the programme

portrayed males to be inherently inferior with respect to domestic violence. His

complaint was concerned with the dramatised incidents which, while they may be a

realistic reenactment of actual instances, in his view lacked balance and showed men to

be inherently inferior.

He argued that there was no exemption in the codes for a programme which has been

designed to coincide with public appeals or significant events and it was irrelevant for

TVNZ to mention this. He added:

Certainly showing males to be inherently bad and females to be inherently

innocent would have been of great help to the Women's Refuge appeal but

the manipulation of public opinion in this way is the very sort of thing that the

Code of Practice is there to prevent.

Turning to TVNZ's final statement, that police were more involved in cases where

women were victims, Mr Golden suggested that this was because the public is being

told that this is the only kind of domestic violence it is acceptable to report.