BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The commentary accompanying pictures of the Rev. and Mrs Moon officiating at a

wedding ceremony stated that the programme went "...undercover to reveal the

brainwashing of bizarre religious cults". The material was included in a promo for the

programme Paul McKenna's Secrets of Hypnosis and was broadcast on TV3 on 9, 10,

11, 12 and 13 January 1997. The programme, broadcast on 13 January 1997 at

7.30pm, included pictures of the wedding ceremony together with a reference to the

"Moonies" and other "cults", and an interview with a former member of the

Unification Church, Steven Hassan, about hypnosis techniques.

Geoffrey Prentice, National Director for the Unification Church of New Zealand,

complained to the broadcaster, TV3 Network Services Ltd, that the use of the term

"Moonies" was pejorative and likely to incite prejudice, hatred, and discrimination.

Further, he considered discriminatory the reference to the church brainwashing people

to take part in Holy Wedding ceremonies, or to belong to the church.

Gerard Roberts, a member of the Church, complained that the promo, by referring to

brainwashing, denigrated him and other Church members who had taken part in such

wedding ceremonies. He considered that the promo was misleading in that the

programme did not reveal any brainwashing in the Church. He also complained about

the use of the pejorative terms "cult" and "Moonie" in the programme, and about Mr

Hassan's representation of the Church.

Responding to Mr Prentice, TV3 maintained that the terms "Moonie" and

"Unification Church" were used interchangeably and "Moonie" was not of itself

discriminatory. It denied that at any time the programme implied that members of the

Unification Church were brainwashed into getting married. TV3 also argued it would

have been difficult to identify any particular religious group from the promo.

Responding to Mr Roberts, TV3 in addition stated that the visual material about the

Church in the programme was used as an explanation of Mr Hassan's credentials and

history. It advised that it did not consider the term "cult" inherently discriminatory.

It declined to uphold the complaints.

Dissatisfied with the decisions, Mr Prentice and Mr Roberts referred their complaints

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

For the reasons given below, the Authority declines to uphold the complaints about the

programme Paul McKenna's Secrets of Hypnosis, but upholds the complaints that the

promo for the programme, broadcast on a number of occasions, breached standard

G4 of the Television Code of Broadcasting Practice.

Decision

The members of the Authority have viewed the promo and the programme complained

about, and have read the correspondence relating to the complaints (summarised in the

Appendices ). As is its practice, the Authority determines the complaints without a

formal hearing.

A wedding ceremony officiated at by the Rev. and Mrs Moon of the Unification

Church featured as part of a promo for the programme Paul McKenna's Secrets of

Hypnosis. The accompanying commentary to the clip reported that the programme

went "...undercover to reveal the brainwashing of bizarre religious cults". In the

programme itself references were made to Unification Church members as "Moonies"

and the Unification Church as a "cult". The programme went briefly "undercover" in

respect of the Church of Scientology but did not do the same in the Unification

Church. An interview on hypnosis was conducted with Steven Hassan, who was

described as a former member of the Unification Church and, as background to this,

pictures of a Unification Church wedding were shown. The promo was broadcast on

9, 10, 11, 12 and 13 January 1997 and the programme was broadcast on 13 January at

7.30pm.

Geoffrey Prentice, as National Director of the Unification Church of New Zealand,

complained to TV3 that the programme and the promo were biased and misleading.

The words associated with the pictures of the wedding ceremony, he believed, implied

that people were brainwashed into taking part in those ceremonies, and he considered

the use of the term "Moonies" to refer to members of the Unification Church was

likely to incite prejudice, hatred and discrimination.

In addition, Gerard Roberts, a member of the Church, complained that the promo did

not represent the programme. The programme, he advised, did not go undercover in

the Unification Church to reveal brainwashing. He also believed that the images of the

wedding ceremony in the programme were not used in context and implied that mind

control techniques were used by the Church. He considered the use of the word "cult"

to describe the Unification Church was pejorative. Furthermore, he contended, the

comments about the Church by Mr Hassan were factually incorrect and contrary to

current research.

TV3, in response to Mr Prentice, considered his complaint under standard G13 of the

Television Code of Broadcasting Practice, which requires broadcasters:

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.

TV3 denied that at any time was it implied or stated in the programme that members

of the Unification Church were brainwashed into getting married. The visual material

involving the Unification Church, it said, was shown as an explanation of the

speaker's – Steven Hassan's – credentials and history. It denied that the use of the

term "Moonie" was in any way discriminatory.

In response to Mr Roberts, TV3 considered his complaint not only under standard

G13 but also standards G1 and G6, They require broadcasters:

G1   To be truthful and accurate on points of fact

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

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

TV3 argued that it did not consider that the pictures of the wedding in the promo

would have been recognisable to the general public as a Unification Church wedding.

It advised that Paul McKenna did go undercover, as suggested, in respect of the

Scientology Church. The term "cult" it considered was used correctly in the

programme to describe systems of religious beliefs and rituals.

TV3 declined to uphold the complaints.

Mr Prentice and Mr Roberts referred their complaints to the Authority. In his letter

of referral, Mr Roberts stressed his earlier complaints and speculated that if the

general public did not recognise the pictures of the wedding, then there would have

been no point in including them in the programme to establish Mr Hassan's

credentials.

The Authority considers that the programme itself did not breach any broadcasting

standards. The pictures of the Unification Church wedding ceremony were not linked

to any objectionable material, and were used as advised by TV3, to define Mr

Hassan's credentials. It finds that the part of the programme focussing on Mr Hassan

did not in any way denigrate Church members or imply that the Unification Church

was involved in brainwashing. It considers that Mr Hassan was talking about

hypnosis from his own experiences, which he was entitled to do.

In respect of the use of the terms "Moonie" and "cult", the Authority does not

consider them to be either pejorative or judgmental. As an indication of the acceptance

of the terms it notes the definitions in the Concise Oxford Dictionary, seventh edition,

which read:

Moonie n. sl. a member of the Unification Church. [Sun Myung Moon; its

founder ]

Cult n. 1 a system of religious worship esp. as expressed in ritual

In assessing the complaint about the promo, the Authority is of the view, taking into

account the matters raised in the complaints, that standard G4 of the Television Code

of Broadcasting Practice encapsulates the concerns expressed. It requires

broadcasters:

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

any programme.

The Authority does not agree with TV3's view that the pictures of the wedding

ceremony would not be recognisable to the general public as those of the Unification

Church. It considers that the promo, by linking the pictures with the words "... go

undercover to reveal the brainwashing of bizarre religious cults", would have misled

the public into believing the programme would go undercover in respect of the

Unification Church to reveal brainwashing, which as TV3 acknowledged, in fact did

not occur during the programme. The error was compounded, in the Authority's

opinion, by the fact that the programme referred to the cults as "bizarre". The word is

emotive and, the Authority considers, leads to an unfavourable view of the Church

which was not substantiated by the facts advanced in the programme.

The Authority considers that the promo breaches standard G4 of the Television Code

of Broadcasting Practice as it did not deal justly and fairly with the members of the

Unification Church.

For the reasons above, the Authority upholds the complaints by Mr Roberts and

Mr Prentice that TV3 Network Services Ltd's broadcast of the promo for Paul

McKenna's Secret's of Hypnosis on 9, 10, 11, 12 and 13 January 1997 breached

standard G4 of the Television Code of Broadcasting Practice.

The Authority declines to uphold the complaints about the full programme

broadcast.

Having upheld the complaints about the promo, the Authority may make an order

under s.13(1) of the Broadcasting Act 1989. As the Authority does not accept that

the full programme, Paul McKenna's Secrets of Hypnosis, breached the standards, it

has decided that an order is not appropriate on this occasion.

Signed for and on behalf of the Authority

Lyndsay Loates
Member
19 June 1997

Appendix I

Mr Prentice's Complaint to TV3 Network Services Ltd – 20 January 1997

Geoffrey Prentice, as National Director of the Unification Church of NZ, complained

to TV3 Network Services Ltd that the programme, Paul McKenna's Secrets of

Hypnosis broadcast on 13 January 1997 and its earlier promo, were biased and

misleading.

In the promo footage was shown of the Rev and Mrs Moon officiating at a wedding

ceremony, and the accompanying words reported that the programme went

"...undercover to reveal the brainwashing of bizarre religious cults". Mr Prentice

regarded the implication that people were brainwashed to take part in such weddings

or to belong to the church as "a spurious piece of discrimination". He provided copies

of a Californian Court of Appeal judgment as evidence that there had never been any

substance to the allegations of brainwashing within the church.

In the programme itself, Mr Prentice said that there was reference to Unification

Church members as the "Moonies". The term, he advised, was likely to incite

prejudice , discrimination and hatred. He enclosed copies of letters from the Oxford

University Press, The New York Times, Reuters, and the City of New York

Commission on Human Rights which supported his contention that it was

inappropriate to use the term. He maintained that to use the term "Moonie" was to

flout religious and human rights.

TV3's Response to the Formal Complaint – 24 February 1997

TV3 considered Mr Prentice's complaint under standard G13 of the Television Code

of Broadcasting Practice and recorded that it had examined the letters attached to the

complaint. It noted that one letter was not signed, and that the "official" Government

documents had no Government seal. It said that contrary to the letter provided from

Reuters, its research had found that Reuters articles from all over the world used

"Moonie" interchangeably with Unification Church in news articles. The term

"Moonie", it said, was often used in a neutral manner, and it declined to uphold the

use of the term as a breach of standard G13.

TV3 advised that at no time was it implied or stated in the programme that members

of the Unification church were "brainwashed" into getting married. The visual

material, it said, involving the Unification Church was shown as a explanation of the

speaker's – Steven Hassan – credentials and history. Mr Hassan, it added, discussed

the particular mind control techniques he had used in his own personal experience to

recruit people into the group. In the programme, according to TV3, ex-members of

other religious groups also discussed "control" methods they had used to recruit

members. TV3 pointed out that not all the "mind control methods" shown in the

programme were seen as negative.

With respect to the promo, TV3 advised that the religious groups shown were not

identified and may have been unrecognisable to the general public. TV3 declined to

uphold the complaint.

Mr Prentice's Referral to the Broadcasting Standards Authority – 19 March

1997

Dissatisfied with TV3's response, Mr Prentice referred his complaint to the

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

Mr Prentice advised that he had checked the documents provided to TV3 with his

complaint. He explained that despite TV3 calling the authenticity of the documents

into question, he has been assured that they were genuine.

TV3's Response to the Authority – 21 April 1997

TV3 in its response reiterated that lay people might not have recognised the image in

the promo as relating to the Unification Church. It also said that the promo did not

state that Paul McKenna went undercover in the Unification Church, but he did go

undercover in some unspecified cult. The wedding footage in the programme, it

advised, was used in a review of Mr Hassan's past experience as a Church member

which, it said, helped to establish his credentials as a former leader in the organisation.

TV3 regarded "Moonie" as a lay person's term for the Unification Church and said it

was used colloquially in Britain, America, Australia, New Zealand and other countries.

It stated that, contrary to the Reuter News Service letters attached to the complaint,

"Moonie" was used interchangeably with "Unification Church" in news articles all

around the world – including the USA. TV3 enclosed a number of news reports

showing the interchangeability of the terms. It added:

This fact is important because it shows that Moonie can be used in a neutral

way by media and individuals in general society as it was used in Paul

McKenna's Secrets of Hypnosis. In fact the term "Moonie" is so prevalent

that many people in general society only know the Unification Church by the name

Moonies.

Mr Prentice's Final Comment

No final comment was received from Mr Prentice.

Appendix II

Mr Roberts' First Complaint to TV3 Network Services Ltd – 13 January 1997

Gerard Roberts of Auckland complained to TV3 Network Services Ltd that the promo

screened on 10 and 11 January 1997 for Paul McKenna's Secrets of Hypnosis, which

showed pictures of the Rev. and Mrs Moon officiating at a mass wedding ceremony

with the words that the programme went "undercover to reveal the brainwashing in

bizarre religious cults", encouraged the denigration of both himself and other persons

married in such ceremonies because of their sincerely held religious beliefs.

Mr Roberts explained his perspective on the Unification Church and the marriage

ceremonies undertaken.

Mr Roberts' Second Complaint to TV3 Network Services Ltd – 20 January 1997

Having viewed the programme Paul McKenna's Secrets of Hypnosis, Mr Roberts

complained to TV3 that the programme did not go undercover in the Unification

Church as had been implied in the promo. Also, he said, nothing was mentioned about

the wedding ceremony or even related to it.

Additionally, Mr Roberts complained that:

1.  The images of the wedding ceremony in the programme had nothing to do with the

context in which they were used. He advised that non-discerning viewers might have

received the impression that the participants in the wedding ceremony were

hypnotised, despite the fact, he said, that no evidence was produced to justify such

inference.

2.  The programme used the pejorative terms "Moonie" to describe the Unification

Church members and "cult" to describe the Unification Church. He attached articles

referring to the "bona-fide" nature of the Church.

3.  Comments about the Church from a Mr Hassan were factually incorrect and

contrary to current research. Mr Roberts considered that Mr Hassan showed a lack of

understanding of the Church both in the past and the present.

Mr Roberts then explained in detail aspects of the Unification Church and provided

documentation.

In summary, Mr Roberts considered that the programme was unbalanced, unfair and

inaccurate in its presentation of the Unification Church, and had breached standard

G13 of the Television Code of Broadcasting Practice in its portrayal of members of

the Church.

TV3's Response to the Formal Complaints – 12 February 1997

TV3 considered Mr Robert's complaints under standards G1, G6, and G13 of the

Television Code of Broadcasting Practice, and denied that at any time in the

programme it had been implied that members of the Unification Church were

"brainwashed" into getting married. The visual material involving the Church, it said,

was shown as an explanation of Mr Hassan's credentials and history. The part of the

programme on Mr Hassan was specific to him and not the Church.

In considering the promo, TV3 advised that:

... images of several different religious groups are shown in the part of the

promo that also contains some images of the Unification Church. These

groups are not identified and may be unrecognisable to the general public. Paul

McKenna does go briefly 'undercover" in the programme into a Scientology

group as suggested in the promo. Regarding the use of the term brainwashing

in the promo, Steve Hassan and three different ex-Scientologists all discuss

"mind control techniques" that they have used.

For these reasons the Standards Committee finds that Paul McKenna's Secrets

of Hypnosis did not deal with the Unification Church at all, but dealt with

individuals' experience of "control techniques", befitting a programme that

examined hypnosis. It also finds that the promo did not falsely advertise the

programme and therefore declines to uphold that G1 has been breached.

Further, TV3 declined the complaint under standard G6 stating:

At no time was it claimed or implied in Paul McKenna's Secrets of Hypnosis or

in the promo that "brainwashing" was being used by the Unification Church on

people involved in their wedding ceremonies.

In relation to standard G13, TV3 advised that the images of the Church were

reasonable, and that other religious groups were represented. The programme used the

term "Moonie" as it was a colloquial term for Unification Church members, and both

descriptions, it maintained, were used interchangeably throughout the world. It

considered "Moonie" to be a neutral term.

Under the primary definition of the word "cult", TV3 said that it meant a system of

religious beliefs and rituals. It said that it described religious structure or belief

patterns with meanings unique to their disciples, outside the realm of historic

Christianity. It believed it was not inherently discriminatory. TV3 declined to uphold

the complaints.

Mr Roberts' Referral to the Broadcasting Standards Authority – 12 March 1997

In referring his complaints to the Broadcasting Standards Authority under section

8(1)(a) of the Broadcasting Act 1989, Mr Roberts reiterated his concerns advanced to

TV3 and said:

Nothing was said in the programme to substantiate the promo's inference that

participants in Unification Church weddings are either "brainwashed" or

victims of any other form of mind control. In fact nothing in the programme

was even remotely related to this most important religious ceremony.

Therefore the claims in the promo that the programme will "go undercover and

reveal brainwashing in bizarre religious cults" are false ... .

Mr Roberts did not accept that Mr Hassan had the right during the programme to use

images of the Unification Church Holy Wedding ceremony as an explanation of his

credentials and history. He believed that Mr Hassan's link with the Church was

distorted, and that no reliable evidence was provided to substantiate the allegations

that the Church used mind control to recruit members and stop them from leaving.

Such allegations of mind control, he advised, were contrary to the body of empirical

evidence gathered through academic research.

Mr Roberts also reiterated his complaint to TV3 about the use of the terms "Moonie"

and Cult.

TV3's Response to the Authority – 21 April 1997

TV3's response to the Authority on Mr Prentice's complaint is summarised in

Appendix I. In addition to the comments noted in Appendix I, TV3 reported that Mr

Hassan's discussion of the persuasive techniques of cults was not directed specifically

at the Unification Church, but rather generalised "cults" based on his studies of many

different groups. It was never stated or implied that the Reverend Moon personally

hypnotised people. In relation to the use of the word "cult' TV3 reiterated comments

made in its earlier reply to Mr Roberts.

Mr Roberts' Final Comment – 12 May 1997

In his letter, Mr Roberts responded to TV3 in part as follows:

Regarding TV3's letter of 21 April if, as they say, "the images [in the promo]

are not readily recognised by people outside the organisation" then there would

have been no point in the programme using this footage to establish the

credentials of apostate Unificationist Mr Steve Hassan. Obviously the

Unification Church Holy Wedding ceremony is the most widely known aspect

of our life of faith. It was used both in the promo and the programme so that

viewers would recognise who Mr Hassan and the promo voice-over were talking

about.

Furthermore, there was no suggestion that Mr Hassan has participated in a

Unification Church Holy Wedding ceremony and the images of the wedding were

irrelevant to the programme's discussion on hypnosis unless the makers of the

TV3 promo and the programme wanted to convey a suggestion to the viewers

that people who participate in such a ceremony have been brainwashed or are

the victims of mind control techniques.

The promo falsely suggested the programme would go undercover in the

Unification Church to reveal brainwashing in our organisation and falsely

portrayed Unificationists as people who have been brainwashed. It didn't go

undercover or provide evidence of brainwashing in the Church of Scientology

either.

...

Words such as "Moonie", "cult", "mind control" and "brainwashing" have been

used by apostate Unificationists and their friends in the media to incite hatred

against members of our faith for more than 25 years now.

It would be appreciated if, in this enlightened age that we now live in, mass

communications media organisations at least acknowledge that we prefer to be

known as Unificationists or Unification Church members; that ours is a bona-

fide religion and has been recognised as such by religious leaders and scholars

throughout the world; and when allegations of brainwashing or mind control have

been levelled against us they have always been vigorously denied and have never

stood up under the test of law courts or objective academic research.

Additional Correspondence

In a letter of 9 June 1997 the Authority wrote to TV3 advising that it had considered

the complaints by Mr Prentice and Mr Roberts, and that standard G4 of the

Television Code of Broadcasting Practice may apply to the promos broadcast, and

asked it for its comments.

In a letter of 12 June 1994 TV3 responded, advising that in its opinion the

complainants in the matter were confident of the standards they believed had been

breached and that nowhere in the complaint letters was G4 nominated or alluded to.

However, it advised:

In deference to the BSA, the TV3 Standards Committee has further considered

the Paul McKenna's Secret's of Hypnosis promo in relation to Standard G4.

It advised that it considered the footage of the wedding ceremony to be unrecognisable

to the average viewer given the brevity of the clip and that no individuals or group

were identified verbally. It considered that, as illustrated by viewing the programme,

the words "...go undercover in bizarre religious cults" did not refer to the Reverend and

Mrs Moon or the Unification Church, but pertained to a different part of the

programme. Accordingly, it did not find that either the Reverend and Mrs Moon or

the Unification Church had been dealt with in an unjust and unfair manner in the

promo.