BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

The Authority has not upheld a complaint a report on a demonstration against the Iranian regime by members of the Iranian community in Auckland breached the accuracy standard. The reporter noted demonstrators were also asking the Government to consider allowing 100 Iranian women to come and study in New Zealand. The complainant, who was present at that demonstration, considered this statement was inaccurate as it did not reflect demonstrators’ views and should have been attributed to the organiser personally. The Authority did not consider the broadcast breached the standard as it was reasonable in the circumstances for the broadcaster to rely on the organiser’s press release, which included the above demand, in reporting on the demonstrators’ demands.

Not Upheld: Accuracy

The broadcast

[1]  An item on Newshub Live at 6pm, broadcast on 8 January 2023, reported on a demonstration in Auckland | Tāmaki Makaurau by members of the Iranian community marking the third anniversary of the Iran Revolutionary Guard’s shooting down of an airplane killing 176 passengers. Protesters were described at the start as ‘standing together in their calls to condemn the Iranian regime and to remember the 176 civilians who died on this day three years ago’. In outlining the protesters’ demands, the reporter noted:

Demonstrators are also asking the Government to consider allowing 100 Iranian women to come and study at our universities for their Masters and their PhDs.

The complaint

[2]  Dr Morteza Sharifi complained the broadcast breached the accuracy standard of the Code of Broadcasting Standards in New Zealand as the broadcast mischaracterised the demands of demonstrators. Specifically, the demonstrators did not ‘use a single chant/slogan/sign/banner’ advocating for the Government to provide higher education opportunities, and this demand was not reflected in an earlier video advertising the demonstration.¹

[3]  The complainant considered if the organiser advised the reporter of this claim, then it ‘should have been attributed to the organiser’ not the demonstrators (of which the complainant was one). The reporter ‘should have made reasonable efforts to confirm whether the demand for 100 visas was a consensus demand of the demonstrators or just the opinion of the’ organiser.

The broadcaster’s response

[4]  Warner Bros. Discovery (WBD) did not uphold the complaint, noting:

The call to allow 100 Iranian students to study in New Zealand was in the press release issued by human rights advocate and lawyer, Samira Taghavi, on behalf of the movement, published on 7 January. The Committee is satisfied the reporter was entitled to rely on the information supplied in the press release by Ms Taghavi in her capacity as the protest organiser and had no reason to question the information she provided.

[5]  The broadcaster provided a copy of the press release to the Authority.

The standard

[6]  The purpose of the accuracy standard² is to protect the public from being significantly misinformed.³ 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

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

[8]  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.⁴

[9]  We acknowledge the complainant’s concern the protest organiser did not represent the views of all demonstrators present (including himself).

[10]  However, in the circumstances, we find the broadcaster made reasonable efforts to ensure accuracy in the circumstances. The broadcaster relied on the protest organiser in reporting on the wishes of the demonstrators: the organiser is clearly well positioned to comment on the purposes of the demonstration.

[11]  It would be unreasonable to expect the broadcaster to interview each protest attendee to ensure specific demands were shared by all demonstrators. In any event, viewers are likely to understand that, in a protest called to mark the aircraft’s shooting down and ‘condemn the Iranian regime’, individual protesters are likely to have varying rationales for attendance.  

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

Tupe Solomon-Tanoa’i
Member
14 June 2023

Appendix

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

1  Dr Morteza Sharifi’s formal complaint to Discovery – 20 January 2023

2  WBD’s decision on complaint – 13 February 2023

3  Dr Sharifi’s referral to the Authority – 14 and 16 February 2023

4  WBD’s response to referral – 3 March 2023

5  Dr Sharifi’s final comments – 8 March (and 7 April) 2023

6  WBD confirming no further comments – 11 April 2023

¹ See Woman Life Freedom New Zealand (wlf.nz) “Join us to form a human chain for Iran” <https://www.instagram.com/p/CnB9K0PNLNL/>
² Standard 6, Code of Broadcasting Standards in New Zealand
³ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand at page 16
⁴ Introduction, Code of Broadcasting Standards in New Zealand at page 4