RCD Applicant Group and Otago Regional Council and Television New Zealand Ltd - 1996-178, 1996-179
Members
- J M Potter (Chair)
- A Martin
- L M Loates
- R McLeod
Dated
Complainant
- RCD Applicant Group, The Otago Regional Council
Number
1996-178–179
Programme
Tonight Special News ReportBroadcaster
Television New Zealand LtdChannel/Station
TVNZ 1
Summary
The release or not of the rabbit calicivirus in New Zealand was discussed in a TV One
Tonight programme broadcast at 9.40pm on 17 September 1996. The item contained
footage of rabbits dead or dying from myxomatosis.
The Otago Regional Council and the RCD Applicant Group complained to Television
New Zealand Ltd about the item. Both said that the representation of the rabbits
dying or dead from myxomatosis on the item breached standards of accuracy. They
also complained about the item's lack of balance, and the Council considered the
visuals of rabbits with myxomatosis breached the standard requiring good taste and
decency.
TVNZ upheld the accuracy complaint and argued that it had taken proper action in
broadcasting a statement of correction at the end of the next night's Tonight
programme. It denied that the item was unbalanced or that the footage breached the
good taste standard.
Both complainants considered the statement of correction was given insufficient
prominence, and the Council was not satisfied with TVNZ's decision in relation to the
issue of taste and decency. The complaints were referred to the Broadcasting
Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.
For the reasons below, the Authority declines to uphold the complaints.
Decision
The members of the Authority have viewed the item complained about and have read
the correspondence (summarised in the Appendices). As is its practice, the Authority
determines the complaints without a formal hearing.
The debate on whether or not to introduce the calicivirus to reduce the rabbit
population in New Zealand was the subject of a TV One Tonight Special News
Report broadcast at 9.40pm on 17 September 1996. The item contained footage of
rabbits dead or dying from myxomatosis.
Believing that the representation on the item of rabbits dead or dying from
myxomatosis on the item breached standards of accuracy, the Otago Regional Council
and the RCD Applicant Group complained to TVNZ. The Council was also of the
view that the visuals of the rabbits breached standards of decency and taste. It was
alleged by the Group that the "Special Report" was previewed and introduced as being
about RCD when the main content of the programme was about the Official
Information Act and the withholding of information. The Council believed that the
item gave air to sentiment opposed to RCD with no balancing comment or response.
TVNZ assessed the complaints under standards G1, G2, G6 and G20 of the
Television Code of Broadcasting Practice. The first three require broadcasters:
G1 To be truthful and accurate on points of fact.
G2 To take into consideration currently accepted norms of decency and
taste in language and behaviour, bearing in mind the context in which
any language or behaviour exists.
G6 To show balance, impartiality and fairness in dealing with politicalmatters, current affairs and all questions of a controversial nature.
Standard G20 provides:
G20 No set formula can be advanced for the allocation of time to interestedparties on controversial issues. Broadcasters should aim to present all
significant sides in as fair a way as possible, and this can be done only
by judging every case on its merits.
TVNZ acknowledged its error in using the pictures of the rabbits dying of
myxomatosis. As a consequence on the Tonight programme broadcast on the
following evening it stated:
Further to our Special Report last night on the introduction of calicivirus to
reduce rabbit populations in Australia the virus is also being considered for
release here. Last night's report included this footage of rabbits that died from
myxomatosis which was trialled in New Zealand in the early 1950s. The
footage should not have been used to indicate how rabbits die from calicivirus.
Indeed... Canterbury Regional Council says rabbits infected by calicivirus
suffer no visible effects... no lesions as in myxomatosis.... Instead it puts them
to sleep and they die. Public submissions on the calicivirus are open until
November 4.
TVNZ considered this apology provided sufficient action to remedy the breach of
standard G1.
In respect of standard G2, TVNZ considered that the footage of the rabbits would
have been appropriate in an item about myxomatosis or where myxomatosis was
contrasted to RCD. The shots, it said, were inappropriate on this occasion because
they were inaccurate and not because they breached the taste and decency
requirements.
In relation to standards G6 and G20, TVNZ disagreed that the item focussed on the
withholding of information; explaining that the question of the amount of information
being provided by the Calici Review Group formed only a small part of the item. It
believed that the item was balanced, and that it had fulfilled its obligation both within
the item, and in the longer period of interest, to present all significant sides in as fair a
way as possible.
Both the Council and the Group, upon referral of the complaints to the Authority,
considered the statement of correction had been given insufficient prominence. The
Group observed that the apology was issued only once, with no previewing and was
placed at the end of the night's "Special Report" item. The Council maintained that
the footage of the rabbits breached standard G2.
The Authority in examining the item concurs with TVNZ that standard G1 was
breached by the screening of rabbits dying of myxomatosis. However, while noting
that the error made in the footage of the dying rabbits was unfortunate and should
never have occurred, as the statement of correction was broadcast on the following
evening's Tonight programme and fully explained the error which had occurred, the
Authority is of the view that the statement which was broadcast is sufficient to
rectify the inaccuracy.
As for the complaint that the broadcast breached the standard of good taste, the
Authority notes that the item was concerned with killing rabbits. Death from
myxomatosis is apparently more physically unpleasant than death from rabbit
calicivirus, but as the error was explained in the statement, the Authority does not
believe that the broadcast breached standard G2.
For the reasons above, the Authority declines to uphold the complaints.
Signed for and on behalf of the Authority
Judith Potter
Chairperson
17 December 1996
Appendix I
RCD Applicant Group's Complaint to Television New Zealand Ltd -
18 September 1996
Graeme Martin, Chair of the RCD Applicant Group of Dunedin, complained to
Television New Zealand Ltd on behalf of the Group about a TV One Tonight Special
News Report screened at 9.40pm on 17 September 1996.
Mr Martin said that the report had been previewed and introduced as being about
rabbit calici disease (RCD). However, the main content was about the Official
Information Act, and the withholding of information. It also incorrectly showed
pictures of rabbits dead or dying from myxomatosis whereas Mr Martin said, animals
dying of RCD do not show any external signs of distress. He contended that the
programme presented a seriously misleading view of RCD and considered that the
report lacked quality and accuracy and blatantly misrepresented its advertised topic.
TVNZ's Response to the Formal Complaint - 1 October 1996
TVNZ considered the RCD Applicant Group's complaint in the context of standards
G1 and G6 of the Television Code of Broadcasting Practice.
TVNZ acknowledged its error in using pictures of rabbits dying of myxomatosis. As a
consequence on the Tonight programme on the following evening (18 September), it
had broadcast the following:
Further to our special report last night on the introduction of calicivirus to
reduce rabbit populations in Australia ... the virus is also being considered for
release here ... last night's report included this footage of rabbits that died from
myxomatosis which was trialled in New Zealand in the early 1950s. The footage
should not have been used to indicate how rabbits die from calicivirus.
Indeed...the Canterbury Regional Council says rabbits infected by calicivirus
suffer no visible effects...no lesions as in myxomatosis....Instead it puts them to
sleep and they die. Public submissions on the calicivirus are open until
November 4.
TVNZ upheld the Group's complaint under standard G1 but said that the error had
been corrected and nothing further was warranted.
In respect of the standard G6 complaint, TVNZ disagreed that the programme was
about the Official Information Act and the withholding of information. The report, it
said, focussed on what happened once the application had been made to release the
virus. TVNZ did not believe it was at fault in the manner the programme was trailered
nor did it believe the report was in any way unbalanced.
The Group's Referral to the Broadcasting Standards Authority - 29 October
1996
Dissatisfied with TVNZ's action on the aspect upheld, Mr Martin, on behalf of the
Group, referred the complaint to the Broadcasting Standards Authority under s.8(1)(a)
of the Broadcasting Act 1989.
The Group maintained that TVNZ made a serious error in showing the myxomatosis
footage because the item was about RCD and not myxomatosis, and even if they had
been accurate the pictures were not relevant to the text and interviews shown in the
item.
The Group considered that the apology by TVNZ was given inadequate prominence
and so did not get the coverage of the original error. The apology it observed was
issued only once, with no previewing and was placed at the end of the night's "Special
Report" item.
TVNZ's Response to the Authority - 5 November 1996
TVNZ pointed out that Mr Martin's letter of referral included the following:
We pursue the complaint simply because the apology was given inadequate
prominence and so did not get the coverage of the original error.
Accordingly, it limited the response to a consideration only of the apology.
TVNZ noted that the correction to the item took 35 seconds to read which was
considerably longer than the picture sequence to which it referred. It noted that the
entire item on 17 September lasted 2 minutes and 37 seconds.
TVNZ said that it was its view that, unlike readers of newspapers (who scanned
headlines and rarely absorb all that the paper contains), viewers of a television bulletin
watch the programme through. They also frequently choose the same news
programme as their source of information
The Group's Final Comment - 14 November 1996
Mr Martin's response on behalf of the Group emphasised that the "Special Report"
component of the Tonight programme was not a "news item flash' but carried an
expectation of being a more studied statement of a single issue. Accordingly the
Group considered that the correction to the error made in the item about RCD should
have been given as much prominence as possible. They considered this could have
been achieved by an apology at the start of the "Special Report" on 18 September
1996 (the night following the original broadcast).
Appendix II
Otago Regional Council's Complaint to Television New Zealand Ltd - 18
September 1996
Louise Rosson, Chairperson of the Otago Regional Council complained to Television
New Zealand Ltd on behalf of the Council about the news item broadcast on TV One
on 17 September 1996 (the subject of the complaint in Appendix I).
The first part of the Council's complaint was that the film clip showed rabbits dying
of myxomatosis when the item was about RCD. The Council also added that it
considered that this clip was irrelevant to the general theme of the item, and given the
verbal content of the programme it failed to observe good taste and decency by
irrelevantly showing pictures of dying and decaying rabbits. The Council argued that
the content was grossly unbalanced and misleading because of its use of myxomatosis
pictures.
Secondly, the Council considered the programme was not balanced in that it gave air to
sentiment opposed to RCD with no balancing comment
TVNZ's Response to the Formal Complaint - 1 October 1996
The complaint was assessed under standards G1, G2, G6 and G20 of the Television
Code of Broadcasting Practice.
In relation to standard G1 and the pictures of the rabbits with myxomatosis the
Council received the same response as the Applicant Group (see Appendix 1).
TVNZ did not believe standard G2 had been breached. It considered that the footage
of the rabbits would have been appropriate in a item about myxomatosis or where
myxomatosis was contrasted to RCD. The shots were inappropriate on this occasion
because they were inaccurate and not because they breached the taste and decency
requirements.
In relation to standard G6, TVNZ pointed out that the standard was drawn from
section 4(1)(d) of the Broadcasting Act in which it was made clear that the
requirement was to "present significant points of view in the same programme or in
other programmes within the period of current interest." It noted that since January
14 1996 programmes on calicivirus had been broadcast, presenting a wide range of
views and an extensive catalogue of views. The item being complained about added
fresh opinion and fresh information. TVNZ also quoted extracts from within the item
which it said were views in favour of the virus being used, and which presented
balance within the item.
In relation to standard G20, TVNZ said that it covered much the same area as standard
G6 and it believed it had fulfilled its obligation both to the item and to the wider
period of current interest, to present all significant sides in as fair a way as possible.
The Council's Referral to the Broadcasting Standards Authority -30 October
1996
Dissatisfied with the action taken in respect of the breach of standard G1 and the
decision in relation to standard G2 the Council referred the complaint to the
Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.
The Council did not, in relation to standard G1 accept that the apology was given
sufficient prominence. It stated that, contrary to what the Council wanted, the
apology was not previewed and it was put at the end of the special report the next
night. In relation to standard G2 the Council believed that taste and decency had been
breached by the focus on the suffering rabbits.
TVNZ's Response to the Authority - 5 November 1996
In relation to standard G1 TVNZ's response was as set out in relation to the Group's
complaint in Appendix I.
The Council's Final Comment - 14 November 1996
The Council commented that TVNZ in broadcasting the apology for the inaccurate
footage, had failed to give consideration to its placement at a prominent time.