BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

This decision has been translated to Punjabi, click here to view the Punjabi translation. 

Summary

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

The Authority did not uphold a complaint that an episode of the talkback programme Dasam Granth Da Sach breached the accuracy standard. The host, while engaged in discussion with a caller, had made statements that the complainant alleged were unsubstantiated comments about a historical event that had the potential for disrupting harmony between the Sikh and the Hindu communities. The Authority found that the accuracy standard did not apply in this instance as the programme was not a news, current affairs or factual programme and the relevant statements were clearly distinguishable as analysis, comment or opinion, rather than statements of fact.

Not Upheld: Accuracy

The broadcast

[1]  In an episode of Dasam Granth Da Sach, the host, Harnek Singh, and a caller engaged in a discussion about the Hindus, the Sikhs and the Muslims. We have considered in particular the following part of the conversation, as transcribed (and translated into English):

Host:    Alright but the Hindu would have lost everything if he lost his Janeyu.

Caller:  Yes.

Host:    But, before the Sikh gurus, Muslims destroyed the culture of casteism.

Caller:  Yes

Host:    When Muslims came to India, lots of people, quickly, converted their religion to Muslim on their own.

Caller:  Hm hmm.

Host:    Because it didn’t have any caste system. Everyone was treated equally.

Caller:  Yes.

Host:    Alright, now Hindus had ill-feeling towards Sikhs, Muslims as well as Sikh Gurus.

Caller:  Yes.

Host:    But at that time no Hindu scholar, up to the tenth Guru, had this impact on any Sikh Guru and couldn’t inflame them. So, they kept on provoking Muslims to fight.

Caller:  Yes.

Host:    We often hear of a Sakhi [meaning ‘story’] about the 9th Guru that the Kashmiri Pandits went to him saying that he was their leader and he must offer his head to Aurangzeb so that their Janeyu can be saved. This is all rubbish and a lie.

[2]  The episode was broadcast on Radio Virsa on 2 May 2020. In considering the complaint we have read the independent translation of the broadcast in question and read the correspondence listed in the Appendix.

The complaint

[3]  Mr Ekalgadda in his original complaint to Radio Virsa stated that ‘the anchor Mr Harnek Singh blamed [the] Hindu community for the conflict between [the] Sikh Gurus and Mughals in history.’ His concern was that this ‘may hurt the love and harmony of Hindus and Sikhs, the two have already suffered, for example from 1981 to 1993, terrorism in Punjab (India) and November 1984 Sikh massacre in Delhi (India).’ Mr Ekalgadda said that he had difficulty with English and appealed to the broadcaster to ‘consider my complaint while understanding my intention’.

[4]  In his referral of the matter to the Authority, Mr Ekalgadda stated that the host had made ‘false comments without any historical evidence’ and had ‘propagate[d] without any historical facts and evidences that the cause of conflict between Mughals and Sikh Gurus (prophets) was [the] Hindus in India.’

The broadcaster’s response

[5]  Radio Virsa considered the complaint with reference to the accuracy standard of the Radio Code of Broadcasting Practice. It did not find any breach of the accuracy standard, on the basis the host’s comments were clearly distinguishable as analysis, comment or opinion, rather than statements of fact, therefore the accuracy standard did not apply. Radio Virsa said:

• The host was ‘analysing the historical facts (from Year 1526 onwards) written by some historians…giving his counter opinion on the reality and validity of those facts’.
• Talkback programmes will not usually be subject to the accuracy standard.

The standard

[6]  We note that, while the complainant did not explicitly identify the broadcasting standards he believed to have been breached in his original complaint, the broadcaster has responded to the complaint under the accuracy standard. We agree with the broadcaster that it can be reasonably implied from the language of Mr Ekalgadda’s complaint that he raised issues under the accuracy standard. We have therefore focussed our determination on this standard.

[7]  The purpose of the accuracy standard (Standard 9) is to protect the public from being significantly misinformed.¹ It states that broadcasters should make reasonable efforts to ensure that any news, current affairs or factual programme is accurate in relation to all material points of fact, and does not mislead.

Our analysis

[8]  The right to freedom of expression is an important right in a democracy and so when we consider any complaint that broadcasting standards have been breached, it is important that we weigh the right to freedom of expression against the harm that may have potentially been caused by the broadcast. We may only intervene and uphold a complaint when the limitation on the right to freedom of expression is reasonable and justified.

[9]   Additionally, as the Authority has observed in previous cases, when we consider a complaint of this nature, we must apply New Zealand standards, and the expectations and values of the New Zealand community. The New Zealand community comprises a wide range of cultures, ethnicities and beliefs. We must look to the New Zealand community as a whole when determining whether broadcasting standards have been breached.² With this in mind we turned to consider the particular concerns raised in this matter.

Accuracy

[10]  When determining complaints under the accuracy standard, we must first consider whether or not the standard applies. The accuracy standard only applies to news, current affairs and factual programming,³ and will not usually apply to talkback programmes.⁴ The accuracy standard also does not apply to statements which are clearly distinguishable as analysis, comment or opinion, rather than statements of fact.⁵

[11]  In our view, this episode of Dasam Granth Da Sach was not a news, current affairs or factual programme, meaning the accuracy standard did not apply. Radio Virsa states on its website that the radio station was created with an aim to engage in discussion from the ‘point of our core belief that as Sikhs our virsa⁶ and our virasat⁷ is bound by principles of Gurbani⁸ and Gurbani alone’. The programme, Dasam Granth da Sach is translated on the Radio Virsa site as, ‘truth of Dasam Granth’, which is a collection of Sikh literature.⁹ It is clear from these descriptions that discussions on this programme (including the historical analysis relevant to this complaint) would be focussed from that particular viewpoint, rather than with the intention of delivering news, current affairs or factual programming.

[12]  In addition, we consider the relevant comments were distinguishable as analysis, comment or opinion, rather than statements of fact, meaning the accuracy standard did not apply to them. The key factors supporting this view were:

• The comments identified by the complainant were clearly commentary and opinions of the host in conversation with a caller.
• As discussed above, the programme is advertised on Radio Virsa’s website as discussing issues from a particular viewpoint.
• The host, Harnek Singh, has a reputation here and overseas¹⁰ for having and expressing views from a particular perspective.
• The historical events raised in this particular broadcast are events that occurred in the 1500s and it is not possible to conclusively determine the factual basis or accuracy of historical accounts.¹¹
• The subject matter is a religious and cultural topic and the right to comment and challenge regarding such topics is an important element of the right to freedom of expression, and serves to generate discourse and discussion.

[13]  For these reasons, we have not found actual or potential harm that justifies restricting the right to freedom of expression, and we do not uphold the complaint.

For the above reasons the Authority does not uphold the complaint.

Signed for and on behalf of the Authority

Judge Bill Hastings

Chair

14 October 2020    

Appendix

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

1  Independent transcription and translation of the broadcast from the Department of Internal Affairs

2  Arvinder Ekalgadda’s original complaint to Radio Virsa – 3 May 2020

3  Radio Virsa’s response to Mr Ekalgadda – 29 May 2020

4  Mr Ekalgadda’s referral to the Authority – 3 June 2020

5  Authority’s correspondence with Mr Ekalgadda to confirm the timing of the relevant comments – 17 June 2020

6  Radio Virsa’s response to Mr Ekalgadda’s referral – 13 July 2020

7  Mr Ekalgadda’s further comments – 21 July 2020

8  Mr Ekalgadda’s confirmation of the timing of relevant broadcast comments, for translation – 21 July 2020

9  Radio Virsa’s comments on DIA translation – 22 July 2020

10  Further response from Radio Virsa’s legal counsel to the Authority – 10 August 2020

11  Mr Ekalgadda’s final comments – 28 August 2020 

¹ Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
² Singh and Radio Virsa, Decision No. 2019-081
³ Commentary: Accuracy, Broadcasting Standards in New Zealand Codebook, page 18
⁴ Guideline 9d
⁵ Guideline 9a
⁶ A Punjabi word that means ‘heritage’. See <https://www.sikhmissionarysociety.org/sms/smsarticles/advisorypanel/gurmukhsinghsewauk/sikhheritage/>
⁷ Punjabi word that means ‘legacy’. See <https://dict.hinkhoj.com/%E0%A4%B5%E0%A4%BF%E0%A4%B0%E0%A4%BE%E0%A4%B8%E0%A4%A4-meaning-in-english.words>
⁸ <https://www.learnreligions.com/gurbani-gurus-word-2993037>
⁹ The Dasam Granth is a collection of writing attributed to a Sikh spiritual leader: <https://www.britannica.com/topic/Dasam-Granth>
¹⁰ See for example the Ofcom (the UK’s communications regulator) decision of 18 November 2019 about the programme Panthak Masle. In the programme a panel of spiritual and community leaders discussed Harnek Singh.<https://www.ofcom.org.uk/__data/assets/pdf_file/0039/179499/Issue-391-broadcast-and-on-demand-bulletin.pdf> See also <https://www.change.org/p/susan-wojcicki-ceo-of-youtube-terminate-the-anti-sikh-youtube-channel-of-harnek-singh-newzealand>  
¹¹ See, for example, the Authority’s decision, Axford, Bate and Oldham and Television New Zealand Ltd, Decision No. 2011-115 at paragraphs [9] and [22] to [24]