BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A rash of prison breakouts was causing concern to residents living near Paparua

Prison, according to an item on One Network News and a follow-up story on Holmes

broadcast on TV One on 25 March 1997 at 6.00pm and 7.00pm.

Mr Terry of Reefton complained to Television New Zealand Ltd, the broadcaster, that

the items were unfair and inaccurate, and encouraged denigration of the prison inmates

because they failed to examine the problems from the inmates' point of view.

TVNZ responded that the items were to do with security at the prison, and had

nothing to do with the conditions of the inmates. Therefore, TVNZ argued, it was

irrelevant to discuss the conditions in the prisons, and it declined to uphold the

complaint.

Dissatisfied with that decision, Mr Terry 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 declines to determine the complaint.

Decision

The members of the Authority have viewed the items complained about and have read

the correspondence (summarised in the Appendix). As is its practice, the Authority

determines the complaint without a formal hearing.

A news item on One Network News followed by an item on Holmes on 25 March

1997 concerned prison breakouts from Paparua Prison and how residents living nearby

were affected.

Mr Terry complained that because the items failed to examine the problems at the

Prison from the inmates' point of view, they were unbalanced. He also accused

TVNZ of reinforcing the status quo.

In its response, TVNZ maintained that the conditions experienced in Paparua Prison

had no relevance to the items, which dealt with a review of security at the Prison. It

recommended that the Authority use its s.11 powers and decline to determine the

complaint.

The Authority understands the essence of Mr Terry's complaint is that different

items ought to have been made, which focussed not on the security review, but on the

conditions in the Prison. The Authority responds that the topic of the items – the

security review – did not require an investigation into prison conditions. It decides to

exercise its power under s.11 of the Broadcasting Act 1989, which reads:

s.11 The Authority may decline to determine a complaint referred to it

under section 8 of this Act if it considers -

...

(b) That, in all the circumstances of the complaint, it should not be

determined by the Authority.

Accordingly, the Authority declines to determine the complaint in all the

circumstances.

Signed for and on behalf of the Authority

Lyndsay Loates
Member
19 June 1997

Appendix

Robert Terry's Complaint to Television New Zealand Ltd - 25 March 1997

Mr Terry of Reefton complained to Television New Zealand Ltd about items on One

Network News and Holmes on 25 March 1997 at 6.00pm and 7.00pm concerning

Paparua Prison. In Mr Terry's view, the items were unfair and inaccurate, and

portrayed people in a manner which encouraged denigration.

He considered TVNZ's reporting was entirely in favour of the Crown position and

failed to examine the problems at Paparua Prison from the inmates' point of view.

In Mr Terry's view, TVNZ had a statutory obligation to examine the real problems at

Paparua Prison. He wrote:

More cameras, locks and security mesh is a sick panacea to fix the problems at

Paparua Prison. I challenge TVNZ to get the real picture and show the public

the breeding ground for society's violence.

He challenged TVNZ to examine the real problems facing New Zealand's penal

system. He recommended that all non-violent criminals (76% of the inmate

population) be sent to labour camps, and the $100 million saved be spent on

university education for long term offenders.

He concluded:

If we as a nation can watch microscopic hand surgery on nationwide television,

we should be able to examine our colonial penal system with a tv camera.

He appended some correspondence concerning Paparua Prison and his previous

challenges to the justice system.

TVNZ's Response to the Formal Complaint - 14 April 1997

TVNZ noted that the news item dealt with the review of security at Paparua Prison

by the Department of Corrections and the efforts being made to ease the fears of those

living near the prison. The item on Holmes placed the issue on a human level by

talking to residents near Paparua about their experiences and concerns following a rash

of prison breakouts.

TVNZ advised that it had difficulty in recognising how Mr Terry believed the

standards had been breached. It noted that the items had nothing to do with prison

conditions. They were about security and the genuine fears of residents who lived

nearby. It added:

Conditions in New Zealand prisons have been tackled before on television, and

doubtless will be again. They have no relevance to the stories told in the two

items about which you have complained.

TVNZ declined to uphold the complaint.

Mr Terry's Referral to the Authority - 25 April 1997

Dissatisfied with TVNZ's decision not to uphold his complaint, Mr Terry referred it

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

Mr Terry considered that TVNZ had failed to show balance in its reporting. He

wrote:

Clearly TVNZ coverage has failed to examine the problems at Paparua Prison,

which causes the inmates' minds to be triggered - when they see the violent

behaviour they want to leave the Queen's institution.

He noted that there was a serious problem of overcrowding in the New Zealand penal

system. He added:

Perhaps TVNZ should ask for residents near Paparua if they would be

prepared to have 20 law abiding citizens camped in their backyard every day,

year in, year out. Clearly TVNZ should be challenging the Minister of

Corrections to come up with some enlightened legislation and STOP sending

young offenders to the Queens Institution to be trained as violent criminals.

TVNZ's Response to the Authority - 7 May 1997

In its response to the Authority, TVNZ advised that it had no further comment to

make. It added that it was exasperated by the sequence of formal complaints it had

received from Mr Terry which had no relationship to the material broadcast.

TVNZ submitted that the Authority should exercise its power under s.11(a) of the

Broadcasting Act and decline to determine the complaint on the basis that it was

frivolous, vexatious and trivial.

Mr Terry's Final Comment

Mr Terry did not respond to the invitation to make a final comment.