BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Following shots of a truck accident on Auckland's Southern Motorway, an item on 3

National News on 22 February reported the growing concerns about the safety of

motorists. The visuals of the accident showed the driver of a car trapped in his vehicle

and receiving treatment. It reported that a container had fallen off the truck on to the

car, crushing it and that a woman passenger had been killed.

Mr Cowan complained to TV3 Network Services Ltd that the shots of the unfortunate

driver breached the standard which required broadcasters to avoid unnecessary

intrusion into the distress of victims.

Maintaining that the driver was unaware of the camera's presence and that it did not

intrude into his distress or grief, TV3 declined to uphold the complaint. Dissatisfied

with TV3's response, Mr Cowan referred his complaint to the Broadcasting Standards

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

For the reasons given below, the Authority upheld the complaint.

Decision

The members of the Authority have viewed the item complained about and have read

the correspondence (summarised in the Appendix). As is its practice, the Authority

has determined the complaint without a formal hearing.

Before proceeding with the determination, the Authority commends the complainant

and the broadcaster for their expedition which has enabled a complaint concerning a

news item about an accident on 22 February to be determined by the Authority at its

meeting on 23 March.

Mr Cowan complained to TV3 about the lead item on 3 National News on 22

February 1955. It reported an accident that morning on Auckland's southern

motorway in which, it was said, a container had fallen off a truck and flattened the

roof of a passing car. The item added that the car's passenger had been killed and the

driver was shown trapped in the car and receiving treatment.

Mr Cowan maintained that the shot of the unfortunate and distressed driver who

appeared to be startled by the television camera breached standard G17 of the

Television Code of Broadcasting Practice. Standard G17 reads:

G17 Unnecessary intrusion into the grief and distress of victims and their

families or friends must be avoided. Funeral coverage should reflect

sensitivity and understanding for the feelings and privacy of the bereaved.

Explaining that the item dealt with the concern at the growing number of truck

accidents on the Southern Motorway, TV3 said that the shot showed the trapped

driver who seemed unaware of the camera. It continued:

He momentarily looked up when someone shone a light in his general direction,

but then continued to ignore the cameras. He appeared to be unaware of his

surroundings. The Committee believes the camera's presence did not intrude in

the distress and grief of the victim and consequently your complaint has not

been upheld.

In determining the complaint, the Authority noted that the item dealt thoughtfully

with the issue of accidents involving trucks. The Authority also took into account its

approach that limitations should not be placed without good reason on the media in

reporting newsworthy stories. For the most part, the Authority decided, TV3 had

exercised a degree of sensitivity in its coverage of the accident. The item reported in a

factual manner the accident, the unseen passenger's death and the minimal injuries

suffered by the driver. The Authority was not aware of the degree of the relationship,

if any, between the driver and his passenger or whether he was aware of her death at

the time of the filming. In the majority of the shots of the accident, the trapped driver,

who was wearing an oxygen mask, was not the focus of the shot and, therefore, the

Authority believed that for the most part the pictures of the driver were not

gratuitous. For the most part, it did not consider that, in the words of standard G17,

the broadcast involved the unnecessary intrusion into the distress of the victim.

The Authority has used the phrase "for the most part" because briefly, a bright light

was used to illuminate the scene and the trapped driver was the focus of the picture.

He was clearly identifiable and was seen to open his eyes, blink and look away. He

appeared to be in shock and a first aid worker looked at the camera giving the

impression of anger at the intrusion.

Taking into account the importance of not over restricting the controls on the media

when gathering news, the Authority nevertheless decided that the intrusion evident in

the brief brightly lit shot was unnecessary and in breach of standard G17.

For the above reasons, the Authority upholds the complaint that the broadcast

by TV3 Network Services Ltd of an item on 3 National News on 22 February

1995 breached standard G17 of the Television Code of Broadcasting Practice.

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

Broadcasting Act 1989. As the Authority noted above, it believed that the item dealt

with a newsworthy matter in a conscientious way. As only a brief segment had

contravened the standard, it did not believe that an order was appropriate.

Signed for and on behalf of the Authority

I W Gallaway
Chairperson
6 April 1995

Appendix

W J Cowan's Complaint to TV3 Network Services Ltd - 23 February 1995

Mr Cowan of Dunedin complained to TV3 Network Services Ltd about an item

screened on 3 National News between 6.00 - 7.00pm on 22 February.

The item reported an accident on an Auckland motorway where a container had fallen

off a truck and flattened the roof of a passing car. Mr Cowan wrote:

It was clearly stated that a woman passenger in the car had been killed and that

the male driver was trapped in the vehicle waiting to be cut free.

As for the accompanying visuals, Mr Cowan stated:

The camera zoomed in on the unfortunate driver who was obviously startled by

the intrusion of the TV cameras. His distress was obvious as were also the signs

of the tubes, etc., which were being used to sustain his life. Right beside him of

course, though mercifully out of sight of the cameras, was the crushed body of

his dead passenger.

Mr Cowan said that the item breached standard G17 of the Television Code of

Broadcasting Practice which states that unnecessary intrusion on the grief and distress

of victims should be avoided.

TV3's Response to the Formal Complaint - 3 March 1995

Assessing the complaint under the nominated standard, TV3 advised Mr Cowan that

the item dealt with concern at the growing number of truck accidents on Auckland's

Southern Motorway.

It acknowledged that the shot complained about showed the car driver trapped in his

vehicle but said he was unaware of the presence of news cameras. It continued:

He momentarily looked up when someone shone a light in his general direction,

but then continued to ignore the cameras. He appeared to be unaware of his

surroundings. The Committee believes the camera's presence did not intrude in

the distress and grief of the victim and consequently your complaint has not

been upheld.

Mr Cowan's Complaint to the Broadcasting Standards Authority - 9 March

1995

Dissatisfied with TV3's decision, under s.8(1)(a) of the Broadcasting Act 1989 Mr

Cowan asked the Authority to investigate and review it.

TV3's Response to the Authority - 15 March 1995

TV3 advised the Authority that it did not wish to comment further on the referral.