BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

An item on the Larry Williams Programme discussed New Zealand’s military ties with Indonesia and the conflict in East Timor. The host described Indonesian military officers training in New Zealand as "thugs". The item was broadcast on Newstalk ZB on 10 September 1999 at 4.15 pm.

Mr Mahoney complained to The Radio Network of New Zealand Limited,

the broadcaster, that the host’s reference to Indonesian armed services members as "thugs" was unacceptable, and that the description was based on hearsay rather than fact.

TRN responded that the Indonesian Army had been described by an interviewee on the programme as an accomplice to genocide in East Timor. The Indonesian personnel in New Zealand could not be separated from the Indonesian Army as a whole, it wrote. The host’s comment was based on fact and reflected fair opinion, it concluded, and declined to uphold the complaint.

Dissatisfied with the station’s response, Mr Mahoney referred the matter to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given below, the Authority declines to uphold the complaint.

Decision

The members of the Authority have listened to a tape of the item and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

An item on the Larry Williams Programme on Newstalk ZB on 10 September discussed New Zealand’s military ties with Indonesia and the developing conflict in East Timor. The host referred to Indonesian military officers training in New Zealand and described them as "thugs".

Mr Mahoney complained to the station that the host’s comment was unacceptable, and he owed listeners an apology. He suggested the host knew the remark was wrong as he had referred "in the next breath … to the Indonesians as ‘military personnel’".

TRN responded that the host had noted on a number of occasions that the Indonesian military had been "in cahoots" with the East Timorese militia. It stressed that Jose Ramos Horta, the East Timorese spokesperson, had said in the programme that New Zealand, by retaining links with the Indonesian Army, was an accomplice to genocide. Indonesian personnel in New Zealand could not be separated from the Indonesian Army as a whole, the broadcaster wrote.

It considered the complaint under Principle 6 of the Radio Code of Broadcasting Practice. That principle provides:

Principle 6

In the preparation and presentation of news and current affairs programmes, broadcasters are required to be truthful and accurate on points of fact.

Guidelines

6a  Broadcasters will not use deceptive programme practices.

6d  Broadcasters shall ensure that the editorial independence and integrity of news and current affairs is maintained.

6b  In the event of an allegation of inaccuracy, broadcasters will act promptly to check the allegation against the original broadcast, and will broadcast with similar prominence a suitable and appropriately scheduled correction if that is found to be justified.

6c  Factual errors on the one hand, and opinion, analysis and comment on the other, shall be clearly distinguished.

TRN concluded that the host’s comment was based on fact and reflected fair opinion. It was not in breach of Principle 6, it wrote, and it declined to uphold the complaint.

In referring the complaint to the Authority, Mr Mahoney reiterated that the description used by the host was unacceptable. He noted that the host had corrected himself "within fifteen-20 seconds" by referring to the Indonesian army members as "Military People" By then, however, the damage had been done, he wrote. Mr Mahoney questioned how the broadcaster was able to say that the station host’s comments were based on fact "when clearly they were based on hearsay". He pointed out that the person expressing a "fair opinion" was Jose Ramos Horta:

… who appears to be a disaffected Timorese, talking from Darwin and New Zealand, and talking of what he had "heard" from Timor, rather than what he himself had seen in that country.

Mr Mahoney concluded by asking whether hearsay was accepted as the norm within the profession.

When invited to comment, TRN advised it had nothing further to add.

The Authority’s Findings

In considering the complaint under Principle 6 of the Radio Code of Broadcasting Practice, as TRN did, the Authority notes the principle’s requirement that broadcasters observe truth and accuracy "on points of fact", when preparing and presenting news and current affairs programmes. It notes too that Guideline 6c suggests that a clear distinction should be made between points of fact on the one hand, and "opinion, analysis and comment" on the other.

In this instance, the Authority accepts that the remark made by the host reflected opinion, or comment. It believes most listeners would be aware of the host’s reputation for expressing strong opinions. The Authority considers that the term was used provocatively, but in the context of a discussion which had been sparked by the reported actions of the Indonesian Army and militia in East Timor and the possibility of New Zealand committing peace-keeping troops to that area. In the circumstances, it is not persuaded that the language used breached Principle 6, and it declines to uphold the complaint.

For the reasons set forth above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
18 November 1999

Appendix

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

1.    J H Mahoney’s Complaint to Newstalk ZB – 15 September 1999

2.    TRN’S Response to the Complaint – 20 September 1999

3.    Mr Mahoney’s Referral to the Broadcasting Standards Authority – 29 September 1999

4.    TRN’s Response to the Formal Complaint – 14 October 1999

5.    Mr Mahoney’s Letter to the Authority – 19 October 1999