BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

An item on Newshub Live at 6pm covering COVID-19 statistics opened by stating 8% of New Zealand’s population was currently unvaccinated. The complainant alleged by omitting the term ‘eligible’, this introduction breached the accuracy standard as more than 8% (at the time) of New Zealand’s total population was unvaccinated. The Authority did not uphold the complaint, finding the segment was materially accurate and a reasonable viewer would have understood the reference to the population, in a vaccination context, to be a reference to the eligible population. The programme information standard did not apply.

Not Upheld: Accuracy, Programme Information

The broadcast

[1]  On 24 November 2021, Newshub Live at 6pm reported on COVID-19 statistics. The presenter introduced the segment along with a graphic by noting ‘the unvaccinated make up just 8% of the population, but they account for 66% of the deaths in the current outbreak…’.

The complaint

[2]  Donald Love complained this segment breached the programme information and accuracy standards:

• The programme and the graphic ‘stated 8% of the population is unvaccinated. Multiple times over the recent days the same statistic has been used by Newshub without the caveat “eligible” population and is very misleading.’
• ‘About 30% of the NZ population is unvaccinated. This error is very obvious and unacceptable in a news segment as it undermines trust in other information provided. Some other media comparing with overseas vaccination rates is using 70% of the population vaccinated for NZ while others are clear the 90% figure is of the eligible population.’

The broadcaster’s response

[3]  Discovery NZ Ltd (Discovery) did not uphold the complaint. It noted:

• ‘With regard to the programme information standard “News, current affairs, sports and live content is not, because of its distinct nature, subject to classification…” There was no material in the report which was ‘unsuitable for the Broadcast’s likely viewers…the footage did not require a warning.’
• ‘…the government is setting its targets and basing its decision making based on the percentage of the eligible population. It is a common assumption when we are talking about the per cent vaccinated, that we are talking about the eligible population as opposed to the actual population… regular news viewers would have understood this distinction and therefore the Broadcast was not materially misleading.’
• Discovery also shared the complainant’s concerns ‘with the Newshub editorial team and going forward, they will endeavour to include “eligible” as the caveat for reporting these statistics in relation to the population’.

The standards

[4]  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

[5]  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.⁴

[6]  We consider the accuracy standard is most relevant to the complaint. However, the programme information standard is dealt with briefly at paragraph [12].

Our analysis

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

[8]  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.

[9]  We acknowledge the importance of ensuring accuracy given the public interest of the broadcast, disseminating health information relating to the current COVID-19 pandemic.

[10]  We find the presenter’s statement to be materially accurate. A reasonable viewer would have understood the reference to a percentage of the population, in a vaccination context, as a reference to the population eligible for vaccination. In reaching this finding, we considered the following factors:

• Children under the age of 12 years old were ineligible to be vaccinated at the time of the broadcast (meaning they would not form part of the ‘eligible population’ but are a part of the general ‘population’).⁵
• The broadcast aired ahead of New Zealand moving into a new COVID-19 Protection Framework (the Traffic Light system).⁶ There was repeated messaging from the Government, at the time, that the shift in frameworks would only occur when 90% of each District Health Board’s eligible population is fully vaccinated.⁷
• Viewers would have understood references to vaccination percentages were in the context of the Government’s 90% target.

[11]  We also acknowledge Discovery has advised it will endeavour to include the term ‘eligible’ in future reports.

[12]  The programme information standard⁸ does not apply to the issues raised in the complaint. It is concerned with ensuring programmes are correctly classified and screened in appropriate timebands, and where appropriate, issue audience advisories. News and current affairs are not subject to classification,⁹ and the complaint did not raise classification issues.

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  Donald Love’s formal complaint to Discovery – 24 November 2021

2  Discovery’s response to the complaint – 13 December 2021

3  Love’s referral to the Authority – 18 December 2021

4  Discovery’s confirmation of no further comments – 6 January 2022

¹ Standard 9 of the Free-to-Air Television 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 9b
⁵ Unite Against COVID-19 | Mā tatau katoa e ārai atu te COVID-19 “COVID-19 vaccination and children” (23 December 2021) New Zealand Government | Te Kāwanatanga o Aotearoa <covid19.govt.nz>
⁶ Unite Against COVID-19 “Traffic light settings announced” (29 November 2021) New Zealand Government <covid19.govt.nz>
⁷ See Unite Against COVID-19 “Introducing the COVID-19 Protection Framework” (22 October 2021) New Zealand Government <covid19.govt.nz>, although the term ‘eligible’ is omitted in this announcement; and for a more contemporaneous announcement, see Unite Against COVID-19 “Auckland DHB first to reach 90% fully vaccinated” (19 November 2021) New Zealand Government <covid19.govt.nz>
⁸ Standard 2 of the Free-to-Air Television Code of Broadcasting Practice
⁹ Guideline 2f