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 1News item on 80-year commemorations for D-Day breached the accuracy standard by stating that D-Day ‘was the turning point in the war against Nazi Germany’. The complainant considered this was inaccurate as D-Day was only the turning point for the Western Front, not the Eastern Front or World War II as a whole. The Authority found the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole.

Not Upheld: Accuracy

The broadcast

[1]  An item on 1News on 5 June 2024 reported on the 80-year commemoration events of D-Day in Portsmouth, England. The item was introduced (emphasis added):

At this moment, 80 years ago, Allied forces were preparing for the largest seaborne invasion in history. D-Day was the turning point in the war against Nazi Germany, with 150,000 men from 12 countries, including New Zealand, storming the beaches of Normandy. Today, some of the few surviving veterans re-track that fateful journey to northern France. And for many, it will be the last time they make the trip.

[2]  The reporter also noted:

D-Day was a pivotal moment in World War II. […] 150,000 Allied troops landing on Normandy's beaches the first day alone. This sacrifice was immense. 4400 were killed, 5000 wounded. But just months later, France was liberated and World War II was won within a year.

[3]  The report went on to feature comment from war veterans who were due to make a commemorative journey by ferry from Portsmouth to the Normandy beaches, and described commemorative events that would be happening in Portsmouth, which world leaders would be attending.

[4]  The item concluded:

Many of the veterans talk about the senseless nature of the war and the sadness that lingers, given … so many conflicts still happening in the world, given the sacrifice that they made so many years ago. One UK veteran has urged countries to take a tougher stance on Russia, saying that people needed to be stronger in order to achieve peace. It's a reminder that when these commemorations happen, that when we remember the events that happened 80 years ago, that the fight for peace still continues today.

The complaint

[5]  Glenn Southee complained that the broadcast breached the accuracy standard of the Code of Broadcasting Standards in New Zealand on the basis it incorrectly stated that D-Day was ‘the turning point’ of World War II. He added:

• ‘D-Day was the turning point in the West. But this was not said on 1News. It was stated as the turning point of the war.’
• This ignored the Eastern Front where historians recognise Stalingrad 1942 was the actual turning point.
• World War II ‘was effectively won on the Eastern Front.’
• ‘Let’s remember that for every German Division that fought on the Western Front, 12 fought on the Eastern Front.’

The broadcaster’s response

[6]  TVNZ did not uphold the complaint for the following reasons:

• ‘[TVNZ] understands that historians recognise many turning points or significant events in WWII. Often these are described in absolute terms as a “turning point” of WWII.’
• ‘Britannica¹ lists the Battle of Midway and the Battle of Guadalcanal as being significant turning points of the war in the Pacific, and the Smithsonian² describes the Battle of Stalingrad as the Turning Point of World War II in Europe… the turning point of the Soviet-German War.’
• ‘As discussed above many consider D-Day to also be a or the turning point. The Library of Congress³ saying of D-Day: D-Day put the Allies on a decisive path toward victory. Beginning with the Normandy beaches, they pushed back against Axis forces until Germany was forced to surrender less than a year later.’
• ‘[TVNZ] therefore does not agree that it was misleading or inaccurate to describe D-Day as the turning point in WWII in the 5 June report. The UK Correspondent further explains the basis of this statement in the broadcast saying D-Day was a pivotal moment in WWII… 150,000 Allied troops landing on Normandy’s beaches the first day alone… just months later France was liberated, and WWII was won within a year. This further information provides clarity on the “turning point” claim so that viewers are properly informed. Given the breadth of the conflict in WWII there were many turning points and as discussed many historical sources consider D-Day to be such a point.’

The standard

[7]  The purpose of the accuracy standard⁴ is to protect the public from being significantly misinformed.⁵ 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

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

[9]  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.⁶

[10]  The first step in determining a complaint under the accuracy standard is to consider whether the programme was inaccurate or misleading. The standard is concerned only with material inaccuracies. Technical or unimportant points that are unlikely to significantly affect viewers’ understanding of the programme as a whole are not considered material.⁷

[11]  The complainant is concerned the broadcast stated D-Day was the turning point of World War II, when he considers it was only the turning point for the Western Front, not the Eastern Front or World War II as a whole.

[12]  We do not consider the broadcast’s omission to make this distinction would have materially misled the audience, or that it would have significantly affected viewers’ understanding of the segment as a whole, considering:

• The broader four-minute twenty-second segment was focused on the 80-year D-Day commemoration events, and comment from war veterans who were taking a commemorative journey from Portsmouth to Normandy beaches. 
• The comment describing D-Day as a ‘turning point’ was made once briefly in the introduction to the item, which noted it was focused on an event of significance to Allied Forces. The introduction stated: ‘At this moment, 80 years ago, Allied Forces were preparing for the largest seaborne invasion in history. D-Day was the turning point in the war against Nazi Germany…’
• The general audience would understand the description of a ‘turning point’ can be subjective in a historical context and were unlikely to rely on the description as a definitive point of fact, particularly in the above context.

[13]  Accordingly, we do not uphold this complaint.

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

Susie Staley
Chair
25 September 2024    

Appendix

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

1  Glenn Southee’s formal complaint to TVNZ – 6 June 2024

2  TVNZ’s response to complaint – 4 July 2024

3  Southee’s referral to the Authority – 6 July 2024

4  TVNZ’s final comments – 20 August 2024

5  Southee’s final comments – 23 August 2024

¹ Britannica “How did World War II end?” <www.britannica.com>
² Smithsonian Associates “Stalingrad: Turning Point of World War II in Europe” <www.smithsonianassociates.org>
³ Library of Congress “D-Day (June 6, 1944)” <www.loc.gov>
⁴ Standard 6, Code of Broadcasting Standards in New Zealand 
⁵ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
⁶ Introduction, Code of Broadcasting Standards in New Zealand, page 4
⁷ Guideline 6.2