BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created.

Not Upheld: Accuracy

The broadcast

[1]  On 5 October 2021, Barry Soper was interviewed on Simon Barnett & James Daniels Afternoons regarding the day’s COVID-19 media conference (which included an announcement on vaccine certificates). As part of the interview, Soper stated:

What [the Prime Minister] made clear, although this is probably the … clearest part of the hour, was that, and we all knew this anyway, that vaccination certificates will be in play. We don't know when, but they will at some stage. There's little point, of course, of having them in Auckland here because we won't have any plans to show them. But, she said that they'll be for large-scale events and for hospitality like restaurants, obviously, and bars. How are they going to enforce it, though? Goodness only knows.… And she talked quite a lot about the summer and trying to make the summer as normal as possible, although I don't think it's going to be totally normal.

…

Vaccination certificates in this country aren't being used at all yet, but it's only a matter of time before they are. And I guess this is just a taste of the future, although we're not quite sure how the future's going to pan out because there wasn't any detail as per usual from the Government as to when this will be rolled out and when the app, which is probably what it will be, will be available.

The complaint

[2]  Ian Findlay complained the interview breached the accuracy standard:

• Soper’s comments regarding the availability of vaccine certificates (specifically, the Prime Minister ‘didn't say', ‘we don't know when' and 'there wasn't any detail ...as to when this will be rolled out') were ‘totally inaccurate. The PM clearly stated certificates were likely to be used in November. Her comments were reinforced by Shayne Hunter. Soper repeated his inaccuracy 3 times in approximately a minute.’
• ‘ZB state that Soper rectified his mistake at 17:00 approx. His comments made no apology or reference to his earlier comment. To 'rectify' as ZB claims, Soper needed to refer to his earlier misreporting, and state he got it wrong.’

The broadcaster’s response

[3]  NZME Radio Ltd (NZME) did not uphold the complaint. It noted:

• ‘While we recognise that Mr Soper did not during this programme refer to the fact that the Prime Minister had indicated that it was likely vaccination certificates could be in use by November, we note that when Mr Soper appeared on the Heather du Plessis-Allan Drive programme later the same afternoon, Mr Soper did provide this detail. Mr Soper stated that “they [alluding to the Prime Minister and her colleague Shayne Hunter] say that they could be used as early as next month.”
• ‘Mr Soper’s omission can be explained by the fact that he appeared live on the programme immediately after the conclusion of the media conference he attended, at a time when he was digesting the large amount of information that had been shared over the course of a full hour. This omission was rectified in the programme that followed.’
• ‘Consequently, while we accept that listeners may have been misled by the statements complained of, we consider that Mr Soper’s statements in the subsequent programme cleared up any confusion.’

Our analysis

[4]  We have listened to the broadcast, the relevant excerpt of the Heather du Plessis-Allan Drive programme from the same afternoon, watched the COVID-19 media conference on 5 October 2021, and read the correspondence listed in the Appendix.

[5]  Our task is to weigh the value of the programme, in terms of the right to freedom of expression and the public interest in it, against the level of actual or potential harm caused. We may only intervene and uphold complaints where the limitation on the right to freedom of expression is reasonable and justified.

[6]  The purpose of the accuracy standard¹ is to protect the public from being significantly misinformed.² It states broadcasters should make reasonable efforts to ensure that any news, current affairs or factual programme is accurate in relation to all material points of fact, and does not mislead. Being ‘misled’ is defined as being given ‘a wrong idea or impression of the facts.’³

[7]  The standard does not apply to ‘analysis, comment or opinion’.⁴ A fact is verifiable, something that can be proved right or wrong. It is not always clear whether a statement is an assertion of fact or an opinion, this will depend on the context.⁵

[8]  Further, the standard is concerned only with material inaccuracies. Technical or other points unlikely to significantly affect listeners’ understanding of the programme as a whole are not considered material.⁶ In the event a material error of fact has occurred, broadcasters should correct it at the earliest appropriate opportunity.⁷

[9]  We consider the relevant statements concern matters of fact (ie the information conveyed at the media conference). Accordingly, the accuracy standard applies. However, we found the segment was materially accurate. A reasonable listener would have understood the Government was considering vaccine certificates and they were likely to be introduced soon. In reaching this finding, we identified the following contextual factors:

• The Prime Minister and Shayne Hunter (the Deputy Director-General of Data and Digital at the Ministry of Health | Manatū Hauora) at the relevant COVID-19 media conference provided an indicative date of November.⁸ No set date was provided.
• Soper’s statements were generally vague: ‘vaccination certificates will be in play. We don't know when, but they will at some stage’ and ‘there wasn't any detail as per usual from the Government as to when this will be rolled out’.⁹
• The interview with Soper referred to summer and it being a ‘matter of time’ before vaccination certificates would be used.

[10]  In any event, we have previously found a clarification of an inaccuracy later in the day was sufficient for a broadcaster to meet its obligations to make ‘reasonable efforts’ to ensure accuracy overall.¹⁰ We consider the later Heather du Plessis-Allan Drive programme to have sufficiently clarified any inaccuracy in this case.

[11]  Accordingly, we do not consider the alleged inaccuracies reach a threshold requiring regulatory intervention.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
9 February 2022

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Ian Findlay’s formal complaint to NZME – 5 October 2021

2  NZME’s response to the complaint – 30 November 2021

3  Findlay’s referral to the Authority (and supporting material) – 1 December 2021

4  NZME’s confirmation of no further comments – 12 January 2022

¹ Standard 9 of the Radio Code of Broadcasting Practice
² Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
³ Attorney General of Samoa v TVWorks Ltd, CIV-2011-485-1110 at [98]
⁴ Guideline 9a
⁵ Guidance: Accuracy – Distinguishing Fact and Analysis, Comment or Opinion, Broadcasting Standards in New Zealand Codebook, page 64
⁶ Guideline 9b
⁷ Guideline 9c
⁸ Unite Against COVID-19 | Mā tatau katoa e ārai atu te COVID-19 “COVID-19 media conference – 5 October 2021” (5 October 2021) New Zealand Government | Te Kāwanatanga o Aotearoa <covid19.govt.nz>: The Prime Minister stated, ‘we’ll release the detail of the framework in advance of it taking effect so people will have time to prepare, but, indicatively, we’re likely to begin using them in November’ and ‘we’ve broadly said November.’ Shayne Hunter stated, ‘and then, through November, we will be making the vaccination certificates that the Prime Minister referred to accessible in downloadable form. So those are the current dates that we’re working towards’.
⁹ Our emphasis
¹⁰ Andrews & Murray and Radio New Zealand Ltd, Decision No. 2020-153 at [22]–[23]