BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Six people died when shot at Raurimu on the morning of 8 February 1997. A news

item on National Radio at 3.00pm on 9 February included comments from a known

gun control lobbyist, Philip Alpers, calling for tighter controls on guns.

Mr Dunlop complained to Radio New Zealand Ltd, the broadcaster, that the item was

unbalanced and deceptive as it omitted any comment to balance the views expressed

by Mr Alpers.

After explaining that the standard relating to deception did not apply as it was

confined to "technical trickery" which had not occurred, RNZ argued that it was not

possible, in view of the nature of the events at Raurimu, to examine the news item

complained about on its own. Various views about gun control, it continued, had been

reported in news programmes over the weekend and into the following week.

Dissatisfied with RNZ's decision, Mr Dunlop referred his complaint 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 complaint.

Decision

The members of the Authority have read a transcript of the item complained about

and have listened to a tape of a discussion between Mr Alpers of Gunsafe and Mr

Dyer of the Sporting Shooters' Association broadcast on RNZ's Morning Report on

10 February. They have also read the correspondence (summarised in the Appendix).

As is its practice, the Authority determines the complaint without a formal hearing.

As part of its coverage of the fatal shooting of six people at Raurimu on 8 February

1997, an item on the news bulletin broadcast on National Radio at 3.00pm on Sunday

9 February included a call from a gun control lobbyist, Philip Alpers, that guns, as

well as the owners, be registered.

Mr Dunlop complained to RNZ that the item was unbalanced as it did not include any

comment from a spokesperson from the gun lobby. He alleged a breach of standards

R9 and R10 of the Radio Code of Broadcasting Practice.

Explaining that standard R10 was not applicable as the reference to deception applied

only to "technical trickery", RNZ assessed the complaint under standard R9. It

requires broadcasters:

R9   To show balance, impartiality and fairness in dealing with political

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

reasonable efforts to present significant points of view either in the same

programme or in other programmes within the period of current interest.

RNZ emphasised the aspect of the standard which referred to the need for balance

"within the period of current interest". Pointing out the events in Raurimu were of

major importance, RNZ maintained that it was not possible to consider each news

item on its own. It referred specifically to a discussion between Mr Alpers and Mr

Dyer of the Sporting Shooters' Association broadcast on Morning Report on 10

February which, it said, illustrated how the standard was complied with.

After Mr Dunlop referred RNZ's response to the Authority for investigation and

review, RNZ repeated its explanation.

The Authority notes that the deaths at Raurimu on 8 February were of major news

interest. The events were dealt with in each news bulletin when any new development

was reported. The Authority acknowledges that the issue of gun control is one of the

matters which has come (again) into focus following the tragedy at Raurimu. Because

of the ongoing nature of the story, the Authority does not accept that the balance

requirement in standard R9 must be actioned within each individual news bulletin. It

is for this type of story that standard R9 includes a reference to the "period of current

interest".

As it appears from the Morning Report discussion on gun control supplied to the

Authority that RNZ was aware of the need for balance over time on the issue of gun

control, the Authority does not accept that the specific item named in the complaint

breached standard R9.

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

Signed for and on behalf of the Authority

Lyndsay Loates
Member
19 June 1997

Appendix

Mr Dunlop's Complaint to Radio New Zealand Ltd - 9 February 1997

Philip Dunlop of Pokeno complained to Radio New Zealand Ltd about a news item

dealing with the Raurimu killings, broadcast on the National Programme at 3.00pm on

9 February 1997.

The item, he wrote, included opinion from Philip Alpers who was known for his

involvement with "Gun Safe" and was an acknowledged "anti-gun" lobbyist. Mr

Dunlop claimed that the item was unbalanced as it did not refer to these activities and

omitted any balancing comment.

RNZ's Response to the Formal Complaint - 25 February 1997

Advising that the complaint had been considered under the standards nominated by

Mr Dunlop, R9 and R10, RNZ said it was unable to detect any "technical trickery"

which could amount to a breach of standard R10.

RNZ then explained that the coverage of the shootings at Raurimu could not be

regarded as one item or a one day story, and that the period of current interest had

extended at least into the following week. It was thus not prepared to consider the

specific item complained about in isolation.

On that basis, RNZ said that the items broadcast had included calls from Mr Alpers

and others for tighter gun controls and that some items had included comment from the

Sporting Shooters' Association which focussed on mental health aspects rather than

the registration of gun owners. Moreover, Morning Report on Monday 10 February

had included debate between Mr Alpers and Mr Dyer of the Sporting Shooters'

Association, and some of their comments had been included in news items broadcast

later during the day.

In conclusion, RNZ declined to uphold the complaint, writing:

The Company's Complaints Committee was satisfied that the spirit, intention

and letter of R9 had been observed over the period of current interest.

Mr Dunlop's Referral to the Broadcasting Standards Authority - 20 March 1997

Dissatisfied with RNZ's decision, Mr Dunlop referred his complaint to the

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

1989.

RNZ's Response to the Authority - 20 May 1997

The Authority sought RNZ's comments on 24 March. It has an agreement with

broadcasters that comment will be supplied within one month. However, RNZ's

reply was not received until 21 May. RNZ explained that a reply had been prepared

within one month and, it recalled, had been sent at the time. RNZ was unable to

account for the delay other than to suggest that the material was mislaid as preparation

for the demolition of Broadcasting House was then taking place.

As for the complaint, RNZ said it had little to add other than to note that the

standards require balance over a "period of continuing interest". Arguing that the

period in the current case extended at least until Monday morning, RNZ pointed out

that the Monday's Morning Report had dealt with a number of aspects of the Raurimu

shooting, noting:

Included in the extended time coverage was a debate between advocates of gun

control and of shooter's rights, providing a genuine opportunity to each to

express their opinions.

Mr Dunlop's Final Comment

Mr Dunlop did not reply to the Authority's invitation to comment on RNZ's

response.