BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Some responses to the Hebron massacre were dealt with in news items on National

Radio's Good Morning New Zealand on 28 February and 3 March 1994.

The Wellington Palestine Group complained to Radio New Zealand Ltd that, despite

earlier complaints, the broadcaster did not appear to take seriously the correct

description of the places where the events were occurring as it reported that they had

taken place in Israel. The Group also complained about an afternoon item on 6 March

which, when referring to a trip by Frank Sinatra, incorrectly described East Jerusalem

as located in Israel.

RNZ maintained that the substantive items which discussed the Hebron massacre

referred to Israel and the occupied territories as appropriate. It declined to uphold the

complaint. RNZ added that its staff, nevertheless, had been reminded of the need for

care and, in addition, described its Jerusalem correspondent as impartial. It declined to

determine the aspect of the complaint which referred to Frank Sinatra as the standard

requiring factual accuracy did not apply to entertainment programmes. Dissatisfied

with RNZ's response, the Group referred the complaints to the Broadcasting

Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given below, a majority of the Authority upheld one aspect of the

complaint and the Authority unanimously declined to uphold three other aspects.

Decision

The members of the Authority have read transcripts of the items complained about

which were included in the correspondence (summarised in the Appendix). As is its

usual practice, the Authority has determined the complaint without a formal hearing.

Four items broadcast on RNZ in early March referred to events which were taking

place in the Middle East. One item referred to comment from a correspondent in

Israel on the unrest which was occurring in the aftermath of the Hebron massacre,

another introduced expert opinion on the Middle East peace process and its likelihood

of success after the continuing violence occurring in Israel, a third referred to comment

from Israel on the violent unrest continuing in the Occupied Territories and the fourth

was a reference to a visit by Frank Sinatra to the Hebrew University in Jerusalem.

The Wellington Palestine Group complained to RNZ that the items incorrectly

described the actions as occurring in Israel and expressed its frustration that RNZ

appeared unwilling to take seriously the request that territories in the region be

correctly labelled.

RNZ assessed the complaints against standard R1 of the Radio Code of Broadcasting

Practice which requires broadcasters:

R1  To be truthful and accurate on points of fact in news and current affairs

programmes.

It examined each of the items independently. The first announced an upcoming in-

depth report from Israel where the government was taking action against the ultra-

nationalist fringe following the Hebron massacre. RNZ maintained that the brief

headline reference to Israel informed listeners that the information about the Israeli

government's response was to come from Israel. It rejected the suggestion that the

item implied that Hebron was part of Israel and declined to uphold the complaint that

the item was lacking in accuracy.

The Authority considered that the trailer was an accurate synopsis of the item to

come in that it was confined to a discussion of how the government of Israel intended

to react to the tragedy. It agreed with RNZ that there was no suggestion that the

massacre occurred in Israel and it was perfectly legitimate for it to report the official

reaction of the government of Israel from Israel itself. It declined to uphold the

complaint that this item was inaccurate.

The second trailer referred to a forthcoming discussion with a Middle East expert from

Otago University which would focus on whether the peace process would be able to

continue in light of the continuing violence in Israel since the Hebron massacre. RNZ

noted that the violence was not confined to Hebron and other Occupied Territories,

but was experienced in Israel as well. It did not believe that the trailer was inaccurate,

noting that the violence had taken place in Israel proper as well as in the Occupied

Territories.

The Authority accepted RNZ's explanation that the violence which ensued after the

Hebron massacre was experienced in Israel as well as in Hebron and other Occupied

Territories, and declined to uphold the complaint that the trailer was inaccurate.

RNZ noted that in the substantive item which followed, the subject of the third aspect

of the complaint, more detail was given clearly locating the violent unrest in the

Occupied Territories and was further emphasised by the reference to Hebron as a

West Bank town. RNZ concluded that the headline reference to a "report from Israel"

in a generalised context could not be interpreted as a statement that the Occupied

Territories were a legitimate part of Israel. It rejected the suggestion that it was

possible to read such a meaning into the fact that a statement on matters involving

Israeli government policy originated from Israel and was reported from Israel.

Accordingly it declined to uphold this aspect of the complaint.

Upon examination of the text of the substantive item, a majority of the Authority

decided that the words "To Israel now where violent unrest is continuing in the

Occupied Territories..." did imply that the Occupied Territories were a part of Israel.

Although the item later referred to Hebron as a West Bank town, it did not indicate

that it was part of the Occupied Territories. In the majority's view, the text of the

substantive item was inaccurate and in breach of standard R1. It noted that if, as RNZ

suggested, the introduction referred to the fact that the report was coming from Israel,

it should have specifically said so and clearly indicated that the unrest was continuing

in the neighbouring Occupied Territories.

The minority disagreed. It accepted RNZ's explanation that the reference to Israel did

not automatically imply that the Occupied Territories were a part of Israel. It

considered that the statement "To Israel now..." simply indicated that the report was

coming from Israel. It also recognised that the violence which had ensued after the

Hebron massacre was not confined to the Occupied Territories and had occurred in

Israel as well.

Turning to the fourth item which was complained about, RNZ decided that the

reference to the visit by Frank Sinatra to Israel broadcast during a Sunday afternoon

music programme was not a news and current affairs broadcast to which standard R1

applied and declined to determine that part of the complaint.

The Authority concurred; standard R1 only applies to news and current affairs

programmes and this broadcast was not in that category. It too declined to determine

that aspect of the complaint.

For the reasons set forth above a majority of the Authority upholds the

complaint that one item broadcast by Radio New Zealand Ltd in March 1994

was inaccurate.

The Authority declined to uphold any other aspect of the complaint.

Having upheld a complaint, the Authority may impose an order under s.13(1) of the

Broadcasting Act 1989. It does not intend to do so on this occasion since only one

aspect of the complaint was upheld (by a majority) and the impact of that inaccuracy

was not such as to justify an order.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
22 August 1994

Appendix

Wellington Palestine Group's Complaint to Radio New Zealand

As part of their on-going correspondence about the terms used to describe the parts of

the Middle East occupied by Israel, in a letter dated 8 March 1994, the Chair of the

Wellington Palestine Group (Ms Nadia el Maaroufi) complained to Radio New

Zealand Ltd about some news items broadcast the previous week.

Expressing the opinion that RNZ did not take seriously the correct labelling, the

Group stated that the noted items incorrectly described the events reported as

occurring in Israel.

As a footnote to the complaint, the Group referred to an item about Frank Sinatra on

National Radio on Sunday afternoon, 6 March, in which it was said that he was going

to Jerusalem when the location "was quite clearly occupied Jerusalem".

RNZ's Response to the Formal Complaint

RNZ advised the Group of its Complaints Committee's response in a letter dated 29

March 1994. It reported that the complaint about the three named items had been

assessed under standard R1 of the Radio Code of Broadcasting Practice which requires

factual accuracy in news items.

The first item, a "trailer" broadcast on National Radio just before 7.00am on 28

February, stated:

Now, looking ahead, shortly international news and sport and then we'll have

in-depth reports from Israel, where the government's taking action against the

ultra-nationalist fringe following the Hebron massacre. We'll talk to our Foreign

Affairs Minister Don McKinnon about New Zealand's position on this, and

then we'll cross to Fiji ...

RNZ maintained that the brief headline reference to Israel and to possible action

following the Hebron massacre did not imply or state that the occupied territories had

become assimilated as a legitimate part of Israel. Because of the current interest in the

massacre, it added, the status of Hebron had been established in earlier broadcasts and

it declined to uphold the allegation of factual inaccuracy.

A "trailer" just before 8.00am on the same programme on 3 March was the subject of

the second complaint. It said:

... and later on still we'll be looking at the Middle East peace process, talking to

an expert from Otago University about whether that process will be able to

continue in the light of the continuing violence that's taken place in Israel since

the Hebron massacre just last week.

RNZ referred to its comments about the item on 28 February and noted that violence

had occurred in Israel as well as the occupied territories. A final decision on the

complaint was deferred until the third matter was considered.

The substantive item on 3 March, RNZ said, reported:

To Israel now, where violent unrest is continuing in the Occupied Territories

following in the wake of the massacre of 39 worshippers at a mosque in the

West Bank town of the Hebron last week. In an effort to help alleviate the

tension yesterday, Israel began releasing Palestinian prisoners. The PLO said it

was enough to save the peace talks.

The PLO set three sets of conditions for a return to the negotiating table. They

relate to weapons, dismantling of settlements, and to an Israeli commitment to

stop settlement building in the Territories. Dr William Harris from Otago

University who specialises in Middle East issues says that despite this setback

the Israeli peace process will get back on track because both sides will find it

very difficult to abandon it.

RNZ then stressed that the references to "Israel" in the trailer and the item did not

stand alone. The trailer clearly described Hebron as "occupied" and the substantive

item referred to violence in the occupied territories. Accordingly, RNZ continued, it

declined to uphold the complaint.

The final aspect of the complaint related to the reference to Frank Sinatra when, RNZ

stated, the following comment was broadcast:

Sinatra joined a party of 150 celebrities in April to visit Israel for the dedication

of the Frank Sinatra International Student Centre at the Mount Scopus Campus

of the Hebrew University in Jerusalem.

As the comment was broadcast during a music programme, RNZ explained, standard

R1 was inapplicable as it was confined to news and current affairs. Therefore, RNZ

declined to determine that aspect of the complaint.

By way of general comment in response to the concerns apparent in the Group's

complaints and stressing that is comments were informal, RNZ said that all staff had

recently been reminded of the need for care when referring to the occupied territories.

In addition, RNZ objected to the Group's concern about its correspondent, Asher

Wallfish, stating that he was an experienced journalist who worked for a number of

organisations and whose reports were accurate, up-to-date and impartial.

The Group's Complaint to the Broadcasting Standards Authority

Dissatisfied with RNZ's reply, in a letter dated 1 April 1994 the Group referred a

number of matters to the Broadcasting Standards Authority under s.8(1)(a) of the

Broadcasting Act 1989.

Expressing sadness at broadcasters' inability "to achieve a rudimentary accuracy in

geographical description of the "Middle East", the Group reported that RNZ

"continue to fail to get it right".

RNZ's Response to the Authority

As is its practice, the Authority sought the broadcaster's response to the complaint.

The initial points related to some procedural questions about whether the Group had

complied with the statutory time limit regarding complaints.

RNZ expressed its view on the procedural points in a letter to the Authority dated 10

May 1994 and added that, at the present time, it had nothing to add to its Complaints

Committee's rulings sent to the Group.

The Authority advised both RNZ and the Group in letters dated 16 May of its

decision on the procedural point to accept the complaint. It also sought tapes from

RNZ and other further comment it might wish to make on the complaint.

In a telephone call on 7 July 1994, RNZ advised the Authority that it did not wish to

comment further on the substance of the complaint.