Professional Documents
Culture Documents
BSA Decision TVNZ Barbara Dreaver Vs Samoa
BSA Decision TVNZ Barbara Dreaver Vs Samoa
Complainant
ATTORNEY GENERAL OF
SAMOA
Broadcaster
TELEVISION NEW ZEALAND
LTD
broadcasting as TV One
Members
Joanne Morris, Chair
Tapu Misa
Paul France
Mary Anne Shanahan
Findings
Standard 4 (balance) – items discussed controversial issue of public importance – only
presented one perspective, that the situation in Samoa was extremely serious – viewers
needed information about the gravity of the problem in a wider context and from other
perspectives – upheld
Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys”
but under the circumstances should have questioned their reliability and made efforts to
corroborate what they said – complainant’s other concerns appropriately dealt with under
balance – one aspect upheld
Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their
proposed contribution – upheld – programme did not distort events or views expressed – no
information or pictures gathered by deception – not upheld
Standard 2 (law and order) – programmes conveyed that guns and drugs trade was
undesirable and a problem – did not encourage or condone criminal activity – not upheld
Orders
Section 13(1)(a) – broadcast statement
Section 16(1) – payment of costs to the complainant $5,000
Section 16 (4) – payment of costs to the Crown $2,000
Broadcast
[1] An item on One News, broadcast on TV One at 6pm on 6 April 2009, reported that
an investigation had found that in Samoa “there’s a lucrative trade in drugs from
New Zealand and that in turn is helping pay for the smuggling of some heavy
weaponry from the United States and China”.
Complaint
[8] The Attorney General of Samoa, on behalf of the Government of Samoa, lodged a
formal complaint with Television New Zealand Ltd, the broadcaster, alleging that the
programmes breached broadcasting standards because viewers had been left with
a false impression of Samoan culture and Samoa today.
Standards
[21] Standards 2, 4, 5 and 6, and gui delines 2b, 5b, 5c, 5d, 5e, 6a, 6b, and 6c of the
Free-to-Air Television Code of Broadcasting Practice are relevant to the
determination of this complaint. These provide:
Standard 2 Law and Order
In the preparation and presentation of programmes, broadcasters are
responsible for maintaining standards which are consistent with the
maintenance of law and order.
Guideline 2b
Factual programmes should not glamorise criminal activity or condone the
actions of criminals.
Standard 4 Balance
In the preparation and presentation of news, current affairs and factual
programmes, broadcasters are responsible for maintaining standards
consistent with the principle that when controversial issues of public
importance are discussed, reasonable efforts are made, or reasonable
opportunities are given, to present significant points of view either in the same
programme or in other programmes within the period of current interest.
Standard 5 Accuracy
News, current affairs and other factual programmes must be truthful and
accurate on points of fact, and be impartial and objective at all times.
Guidelines
5b Broadcasters should refrain from broadcasting material which is
misleading or unnecessarily alarms viewers.
Authority's Determination
[119] The members of the Authority have viewed a recording of the broadcasts
complained about and have read the correspondence listed in the Appendix. The
Authority determines the complaints without a formal hearing.
Standard 4 (balance)
[120] Standard 4 r equires broadcasters to make reasonable efforts, or give reasonable
opportunities, to present significant points of view when controversial issues of
public importance are discussed in a programme.
[121] On this occasion, the two programmes discussed whether there was a serious
problem with guns and drugs in Samoa to which authorities and police were not
responding appropriately and/or “turning a blind eye”. In the Authority’s view, this
constituted a discussion of a controversial issue.
[122] Given that New Zealand is home to a significant Pacific Island community, and that
New Zealand has strong historical ties with Samoa, the Authority disagrees with
TVNZ that the issue was not of public importance in New Zealand. The fact that One
News is broadcast every night on two television channels in Samoa demonstrates a
close link between the countries. The Authority also notes that the items specifically
referred to metha mphetamine being smuggled to Samoa from New Zealand.
[123] The Authority therefore finds that the items subject to complaint discussed a
controversial issue of public importance to which the balance standard applied.
[124] On the issue of drugs, the items presented the views of the “masked man” on
dealing drugs and the “new generation” of drug deal ers, the “Makoi boys” who were
allegedly smoking marijuana and dealing methamphetamine, and Mr Sakaria, a
security specialist resident in New Zealand, who said that “Samoa’s pretty up there”
in terms of criminal activity, guns and drugs. The reporter also stated that there were
“several drug lords” and that some of their clients were in “top positions of
responsibility”.
[125] Similarly, on the issue of guns, the items presented the views of the masked man,
Mr Sakaria who considered that South Auckland would be a “war zone” if the guns
in Samoa were available there, and a “deportee” who was surprised at the level of
weapons available in Samoa, as well as images of guns in a car boot and a price
list. The reporter also asserted that the Police Commissioner had been accused of
being involved in gun smuggling.
1
Decision No. 2008-014
Standard 5 (accuracy)
[143] Standard 5 r equires that news, current affairs and factual programmes are truthful
and accurate on points of fact, and impartial and objective at all times.
[144] The complainant’s main concern was that the progra mmes were misleading
because they contained allegations which were based on the “suspect reliability of
the interviewees and staged nature of the scenes filmed”, in other words, the
reporter had allegedly instructed the “Makoi boys” how to act for their interview.
Guideline 5e to the ac curacy standard states:
Broadcasters must take all reasonable steps to ensure at all times that the
information sources for news, current affairs and documentaries are reliable.
[145] As shown on camera, and evidenced in a transcript of the interview, the “Makoi
boys” did tell the reporter that they dealt drugs and controlled the area. They later
swore in their affidavits that they did not sell drugs, but were in fact acting for the
camera. The “Makoi boys” did not dispute that they had told the reporter they were a
gang involved in drug dealing. The reporter maintained that she had no reason to
suspect they were not telling the truth.
[146] The Authority accepts the reporter’s assertion that she genuinely believed the
“Makoi boys” were being truthful. However, in the Authority’s view, based on the
interview transcript and the footage of the “Makoi boys”, there were enough cues to
suggest that the men were neither credible nor reliable. These are outlined below.
[147] First, the reporter has admitted in her affidavit that she believed the “Makoi boys”
were smoking marijuana and were “stoned”. Given that she believed the boys were
under the influence of drugs, the Authority considers that she should have viewed
their responses with a greater degree of caution.
[148] Second, the transcript of the interview, as well as the footage in the item, suggested
that the “Makoi boys” were joking around and acting up for the camera. The boys
were visibly amused by the interview and their own responses. For example, the
“Makoi boys” started laughing when the reporter commented, “you guys look so
tough”, and when one of them sai d “the matai hate us”. The “Makoi boys” also
laughed when asking each other how prison was, and the transcript recorded one of
them saying, “see if you hadn’t been so heavy handed and chopped the ha nd off
2
Decision No. 2008-040
Standard 6 (fairness)
[157] Standard 6 r equires broadcasters to deal justly and fairly with individuals and
organisations taking part or referred to in a programme. The complainant argued
that the men who were interviewed were treated unfairly, and referred to guidelines
6a, 6b and 6c to the fai rness standard. In considering the guidelines below, the
Authority bears in mind that a programme which does not adhere to the letter of a
particular guideline may not b reach the standard. The programme’s overall
compliance with the relevant standard is the determining factor.
Guideline 6b
[158] Guideline 6b states that participants in any programme should be dealt with fairly
and should, except as required in the public interest, be informed of the reason for
their proposed contribution and participation and the role that is expected of them.
The complainant maintained that the “Makoi boys” were told the reporter was
making a movie or documentary about gang life in the Pacific Islands and deportees
from the United States, and that the purpose of interviewing and filming them was to
find out how Samoan deportees coped with the way of life in Samoa. He said they
were not told that the reporter was from One News.
[159] TVNZ argued that all of the equipment used carried One News insignia and that the
reporter was well known in Samoa, noting that one of the “Makoi boys” recognised
her as being from the news.
[160] The Authority reiterates its acceptance that both parties genuinely believe their
accounts of what the “Makoi boys” were told prior to their interview. Further, it notes
that some of the “Makoi boys”’ affidavits refer to another man from the village, who
set up the interview, instructing the boys to act like gangsters for the camera.
Regardless, the Authority considers that the “Makoi boys” clearly did not fully
understand the nature of the programme or their proposed contribution. It accepts
that this was not deliberate on the part of the broadcaster, but considers that it was
not enough to rely on One News insignia. And even though the reporter stated that
she had introduced herself as being from One News, the Authority notes that she
was relying on a translator to convey what this meant.
[161] The Authority considers that the reporter was careless in not ensuring that it was
adequately explained to the “Makoi boys” that they would be appearing on prime
time news in New Zealand and in Samoa, and that they understood this. In the
Authority’s view, given the close nature of Samoan society and size of the country, it
is highly improbable that the “Makoi boys” would have agreed to be interviewed
undisguised or would have claimed to be selling drugs if they had understood the
nature of the programme. Furthermore, the language and cultural differences
between the reporter and the “Makoi boys” meant that the reporter needed to take
special care to ensure that the situation was understood. The Authority considers
3
Decision No. 2008-014
4
Decision No. 2008-085
5
Decision No. 2006-073
For the above reasons the Authority upholds the complaint that the broadcast by
Television New Zealand Ltd of One News on 6 April 2009 and Tagata Pasifika on 9
April 2009 breached Standards 4, 5 and 6 of the Free-to-Air Television Code of
Broadcasting Practice.
[173] Having upheld a complaint, the Authority may make orders under sections 13 and
16 of the Broadcasting Act 1989. It invited submissions on orders from the parties.
Submissions on Orders
Complainant’s submissions
[174] The complainant stated that, because the Prime Minister of Samoa hoped to build a
constructive relationship with TVNZ, it was considered that a public apology was the
preferred result, and the complainant therefore did not seek an order for costs to the
Crown. It was considered that the apology should be broadcast on One News in
both New Zealand and Samoa.
[175] The Attorney General also argued tha t the complainant should be awarded legal
costs, particularly taking into consideration the time and resources that were needed
to compile evidence and interview many people. He said that the Samoan
6
Decision No. 2005-133
Orders
The Authority makes the following orders pursuant to sections 13 and 16 of the
Broadcasting Act 1989:
1. Pursuant to section 13(1)(a) of the Act, the Authority orders Television New
Zealand Ltd to broadcast a statement approved by the Authority.
That statement shall:
· be broadcast within one month of the date of this decision
· be presented both verbally and visually on screen
· be broadcast during One News and Tagata Pasifika, at times and on dates
approved by the Authority
· be published on TVNZ’s website, www.tvnz.co.nz, on the web pages from
which these items are viewable, for as long as the items remain accessible
· contain a comprehensive summary of the upheld aspects of the Authority's
decision.
The Authority draws the broadcaster's attention to the requirement in section 13(3)(b)
of the Act for the broadcaster to give notice in writing to the Authority and the
complainant of the manner in which the above order has been complied with.
2. Pursuant to section 16(1) of the Act, the Authority orders Television New
Zealand Ltd to pay to the complainant costs in the amount of $5,000, within one
month of the date of this decision.
3. Pursuant to section 16(4) of the Act, the Authority orders Television New
Zealand Ltd to pay to the Crown costs in the amount of $2,000, within one
month of the date of this decision.
The orders for costs shall be enforceable in the Wellington District Court.
Signed for and on behalf of the Authority
Joanne Morris
Chair
2 March 2010