BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

At the conclusion of the penultimate segment of 3 National News broadcast each

weekday between 6.00–7.00pm, the presenter habitually states that "after the break

(an item), and Rose is along with 3 National Weather".

As the weather forecast is invariably screened before the item, G E Williams

complained to TV3 Network Services Ltd that the statement amounts to a deception,

as it suggests that the weather forecast will follow it.

Maintaining that the wording did not promise that the items would be played in any

particular order, TV3 declined to uphold the complaint.

Dissatisfied with TV3's decision, G E Williams referred the 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 viewed two examples of the statement

complained about and have read the correspondence (summarised in the Appendix).

In this instance, the Authority determines the complaint without a formal hearing.

G E Williams complained to TV3 that the presenter's habitual final comment in the

penultimate segment of the news suggests that the final segment will contain an item

on some matter which will then be followed by the weather forecast. However, G E

Williams wrote, the order is always the weather first, and the item second.

TV3 assessed the complaint under standard G1 of the Television Code of

Broadcasting Practice, which requires broadcasters:

G1   To be truthful and accurate on points of fact.

It reported that the presenter's comment was:

After the break ..., and Rose is along with 3 National Weather.

As the phrase did not promise the item in any particular order, TV3 declined to

uphold the complaint.

When the complaint was referred to the Authority, G E Williams argued that the way

the statement was put together strongly suggested that the weather would follow the

item.

The Authority agrees with TV3 that the presenter's statement does not state the

anticipated order in which the items will be broadcast. Therefore, it concludes,

standard G1 is not contravened.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
10 July 1997

Appendix

G E William's Complaint to TV3 Network Services Ltd - 8 April 1997

G E Williams of Hastings complained to TV3 Network Services Ltd about the

announcement at the conclusion of the penultimate segment of 3 National News

broadcast each weekday between 6.00 - 7.00pm. The presenter, G E Williams wrote,

stated that after the break "we have (subject of item) followed by Rose Daly with the

weather (forecast)". However, the final two items were always in reverse order in that

the weather forecast was screened first. A number of recent occasions were listed

when that had occurred.

G E Williams considered the announcement to involve a deliberate deception.

TV3's Response to the Formal Complaint - 22 April 1997

Assessing the complaint under G1 of the Television Code of Broadcasting Practice

which requires factual accuracy, TV3 said that the wording used was:

After the break (...), and Rose is along with 3 National Weather.

As the phrase did not promise the items in any particular order, TV3 declined to

uphold the complaint.

G E William's Complaint to the Broadcasting Standards Authority - 27 April

1997

Dissatisfied with TV3's decision, G E Williams referred the complaint to the

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

G E Williams stated that the presenter, most evenings, stated that "after the break"

there would be an item and that the weather would follow. As the weather was

always first, G E Williams insisted that the announcement was a deception. G E

Williams maintained that the wording used by TV3 suggested that the item would be

"followed by" the weather, and concluded:

That TV3 does this makes me think that viewers are being deliberately misled.

Surely, any normal person would expect the order to correspond with the

announcement.

TV3's Response to the Authority - 6 June 1997

TV3 advised the Authority that it did not wish to comment further on the complaint.