BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole.

Not Upheld: Accuracy

The broadcast

[1]  On 25 July 2021, 1 News reported on Eli Epiha’s trial for the attempted murder of Constable David Goldfinch. In the report the reporter said:

Today, Eli Epiha deciding to give his version of events with his own Bible in hand, swearing an oath, then defending the charge that he intended to murder Matthew Hunt's partner, Constable Goldfinch.

The complaint

[2]  Neil Johnson complained the broadcast breached the accuracy standard because Mr Epiha was carrying the Qur’an and not the Bible.  He argued this inaccuracy was ‘offensive and unfair to both Christians and Muslims’.

The broadcaster’s response

[3]  TVNZ confirmed that Mr Epiha swore the oath on the Qur’an, not the Bible but did not uphold Mr Johnson’s complaint for the following reasons:

Although we agree that the “Bible” reference was an error, it would not have significantly affected the audience’s understanding of the Programme as a whole, which was principally concerned with Mr Epiha’s defence to the charge of the attempted murder. Accordingly we find that the error was immaterial and did not result in a breach of Standard 9.

The standard

[4]  The purpose of the accuracy standard¹ is to protect the public from being significantly misinformed.² It states that 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. The standard is only concerned with material inaccuracy. For example, technical or unimportant points unlikely to significantly affect the audience’s understanding of the programme as whole are not material.³

Our analysis

[5]  We have watched the broadcast and read the correspondence listed in the Appendix.

[6]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.⁴

Accuracy

[7]  We acknowledge the broadcast’s reference to the Bible was inaccurate and that this inaccuracy may be offensive to some.

[8]  However, the broadcast was focused on Mr Epiha’s trial, in particular his defence to the charge of intention to murder Constable Goldfinch. Whether he was holding a Qur’an or a Bible when sworn in was not material to this subject and would not have significantly affected viewers’ understanding of the item as a whole.⁵

[9]  As the accuracy standard is only concerned with material points of fact, we do not uphold this complaint.

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

Susie Staley
Acting Chair
27 October 2021    

Appendix

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

1  Neil Johnson original complaint to TVNZ – 25 July 2021

2  TVNZ’s response to Mr Johnson – 17 August 2021

3  Mr Johnson’s referral to the Authority – 2 September 2021

4  TVNZ confirming no further comments – 6 September 2021

¹ Standard 9 of the Radio Code of Broadcasting Practice
² Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
³ Guideline 9b
⁴ Freedom of Expression: Broadcasting Standards in New Zealand Codebook, page 6
⁵ Guideline 9b