BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

The Authority has declined to determine a complaint alleging it was unbalanced to include coverage of some New Year Honours award recipients and not others. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by this complaints procedure and had little connection to the standard raised. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority.

Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance

The broadcast

[1]  The broadcast of 1 News on 1 January 2022 included a story about New Year Honours recipients.

The complaint

[2]  Colette MacKenzie complained the broadcast breached the balance standard:

Four of the recipients had lived long lives of outstanding service to New Zealand, and two were to young women who had excelled on the sports field. The former four were ignored and all the coverage was of the young women who have already received extensive coverage in the media. I would like to think that in terms of balance and fairness, we are to hear more about the lives and service of Marie Shroff, Chris Farrelly, Robert Gillies and Jim Mann.

[3]  On referral to the Authority, MacKenzie sought to submit the complaint under the fairness standard as well. Pursuant to section 8(1B) of the Broadcasting Act 1989, we are only able to consider a complaint under the standard(s) raised in the original complaint to the broadcaster. However, we note that our decision on this matter would not be different under the fairness standard.

The broadcaster’s response

[4]  Television New Zealand Ltd (TVNZ) did not uphold the complaint for a number of reasons including:

• ‘There is limited time available in the news bulletin and it was an editorial choice to broadcast the items that screened rather than the items you would have preferred to have seen. TVNZ is entitled to make these types of decisions concerning material that is chosen to screen.’
• ‘Material that has not been screened on television is not a matter of Broadcasting Standards (which relates solely to material that has been broadcast)…’

Outcome: Declined to determine

[5]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if it considers, in all the circumstances of the complaint, it should not be determined. 

[6]  In this case, the Authority considers it appropriate to exercise its s 11(b) discretion on the following grounds:

• The complaint relates to a matter of broadcaster editorial discretion (the subject matter of the broadcast) and the complainant’s preferences (that the broadcaster ought to cover the other recipients of New Year Honours in this item). Such a complaint is not, in general, capable of being resolved by this complaints procedure because it relates to the exercise of a discretion.¹
• The arguments raised by the complainant have limited connection to or bearing on the standard raised in their complaint.²

[7]  The Authority’s role is to consider complaints about content broadcast. This complaint does not concern content broadcast, rather other content that the complainant wished to see included. The broadcasting standards complaints process is not the appropriate forum for such views to be presented. Therefore, in all the circumstances of the complaint, it should not be determined by the Authority.

For the above reasons the Authority declines to determine the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
7 March 2022   

Appendix

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

1  Colette MacKenzie’s original complaint to RNZ – 3 January 2022

2  TVNZ’s response to MacKenzie – 10 January 2022

3  MacKenzie’s referral to the Authority – 27 January 2022

¹ Broadcasting Act 1989, s 5(c) and see Guidance: BSA Power to Decline to Determine a Complaint, Broadcasting Standards in New Zealand Codebook, page 67
² See Golden and Radio New Zealand Ltd, Decision No. ID2018-097; Wratt and MediaWorks TV Ltd, Decision No. 2019-031