BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

A segment on Seven Sharp reported on an electric tugboat named ‘Sparky’ going to meet the first cruise ship to come to Auckland following the COVID-19 pandemic. Sparky was described as ‘the world’s first fully electric ship-handling tug,’ which the complainant alleged was inaccurate. While the Authority acknowledged that this detail was likely technically inaccurate, in the context of a human interest piece focused on Sparky’s mechanical features, it found this was unlikely to significantly affect viewers’ understanding of the item as a whole.

Not Upheld: Accuracy

The broadcast

[1]  A  Seven Sharp segment, broadcast on 12 August 2022, reported on an electric tugboat named ‘Sparky’ going to meet the first cruise ship to come to Auckland in two years following the COVID-19 pandemic.

[2]  During the segment, the reporter described Sparky as ‘the world’s first fully electric ship-handling tug.’

The complaint

[3]  Bruce Kellett complained that the broadcast breached the accuracy standard of the Code of Broadcasting Standards in New Zealand on the basis Sparky was not the first electric tugboat in the world. He argued Turkey had electric tugboats before Sparky arrived.

The broadcaster’s response

[4]  TVNZ did not uphold Kellett’s complaint for the following reasons:

• ‘Ports of Auckland describes Sparky as the first full-sized ship-handling e-tug in the world…’
• In response to information provided by the complainant indicating that a Turkish tugboat, ‘ZEETUG’ was the first electric tugboat in the world, it stated ‘it appears that the Zeetug is not “full-size” having a pull of 32 tonnes, and a size of 18.7m length, and beam 6.7m, as opposed to Sparky which is, and that is the basis for the claim for Sparky being the first full-sized ship handling e-tug in the world. Sparky has a 70-tonne bollard pull, the same as the Port of Auckland’s strongest diesel tug Hauraki.’
• ‘While we understand that it would have been helpful if the Seven Sharp statement included the “full-sized” descriptor in the first in world claim, the Seven Sharp item provides the information about Sparky’s specifications and her pull in the item. Given this the Committee does not agree that the item is misleading about Sparky’s first in World status.’

The standard

[5]  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 news, current affairs or factual content is accurate in relation to all material points of fact, and does not mislead. Where a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice.

Our analysis

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

[7]  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 demonstrably justified in a free and democratic society.³

[8]  The broadcaster appears to have accepted that Sparky was not the world’s first fully electric tugboat as indicated in the broadcast.⁴ In this regard, the broadcaster acknowledged ‘it would have been helpful if the Seven Sharp statement included the “full-sized” descriptor in the first in world claim.’

[9]  However, the accuracy standard is concerned only with ‘material points of fact.’ Technical or unimportant points that are unlikely to significantly affect viewers’ understanding of the programme as a whole are not considered material.⁵

[10]  While we acknowledge the complainant’s concerns, we do not consider the brief mention that Sparky was the world’s first fully electric tugboat would have significantly affected the audience’s understanding of the item as a whole. In making this finding we took into account the following key factors:

• Seven Sharp is a current affairs programme that applies a non-traditional, light-hearted treatment to news stories. It frequently features human interest stories.
• The particular segment was a human interest story focused on Sparky, with the reporter engaging in light-hearted banter with the people who operate the boat.
• The segment showcased the use and capabilities of an electric tug in an environment of increasing concern regarding the climate related impacts of diesel usage. 
• That Sparky was the world’s first fully electric ship-handling tugboat was mentioned briefly at the beginning of the four-minute segment, and was not repeated.

[11]  In these circumstances, we consider any inaccuracy was a technical detail, not affecting the central focus of the item. Whether Ports of Auckland had introduced the first electric tug, the first full-sized electric tug or was simply an early electric tug adopter, we consider the essential positive message of this segment was the same. Accordingly, we do not consider the inaccuracy of concern to have been material to the segment, and have not found potential harm at a level justifying regulatory intervention.

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

Susie Staley
Chair
30 January 2023

Appendix

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

1  Bruce Kellett’s formal complaint to TVNZ – 25 August 2022

2  TVNZ’s decision on complaint – 20 September 2022

3  Kellett’s referral to the Authority – 5 October 2022

4  TVNZ’s confirmation of no further comments – 4 November 2022

¹ Standard 6, Code of Broadcasting Standards in New Zealand
² Commentary, Standard 6, Code of Broadcasting Standards in New Zealand at page 16
³ Introduction, Code of Broadcasting Standards in New Zealand at page 4
⁴ Sanja Pekic “World’s first zero-emissions tugboat ZEETUG proves performance” Offshore Energy (online ed, 22 September 2021); Jeff Butler “World’s 1st all electric tugboat now at work in Istanbul” Plugboats (online ed, 9 September 2020)
⁵ Guideline 6.2