BROADCASTING STANDARDS AUTHORITY TE MANA WHANONGA KAIPAHO Broadcasting Standards Authority R Mann Whatwntja Kaipdho ANNUAL REPORT FOR THE YEAR ENDED 30 JUNE 1991 MISSION STATEMENT To establish and maintain acceptable standards of broadcasting on all New Zealand radio and television, within the context of current social values, research and the principle of self-regulation, in a changing and deregulated industry. Submitted to the Minister of Broadcasting for presentation to the House of Representatives pursuant to clause 14 of the First Schedule of the Broadcasting Act 1989. Iain Gallaway Chairperson CONTENTS CHAIRPERSON'S FORWARD 3 THE AUTHORITY 4 Members Extended Authority Members CHALLENGES 5 Party Political Advertising For the Public Good Alcohol Advertising Review COMPLAINTS 6 Overview Analysis of Decisions REVIEW OF THE CODES 9 Alcohol Advertising The Portrayal of Violence on Television Children's Television Programme Standards PUBLICATIONS, EDUCATION AND PROMOTION 11 Publicising Complaints Procedures School and Community Groups Codes of Broadcasting Practice for Radio and Television RESEARCH 12 Commissioned Research Reference Library Local Consultations Study Trips ADMINISTRATION AND PERSONNEL 13 Meetings Review Personnel APPENDICES 15 Complaints Determined hy the Authority Financial Reports The annual financial reports have been published separately and can be obtained from the Authority, as can the other material mentioned in this document, by writing to Broadcasting Standards Authority PO Box 9213 Wellington New Zealand or by calling in to the offices at 2nd floor New Zealand Lotteries Commission Building 54-56 Cambridge Terrace Wellington Phone (04) 3829 508 Fax (04) 3829 543 CHAIRPERSON'S FOREWORD The Authority has completed its second has already assessed quickly and clearly his year which has proved to be even more requirements for the broadcasting industry arduous than its first because of the volume but who is ready and willing to consult and complexity of its workload. with us and listen to us when necessary. Its responsibilities under Part VI of the Finally, I take this opportunity of thanking Broadcasting Act 1989 were oppressive my fellow members, Mrs Jocelyn Fish (who indeed, and it will seek to have this area of acted as Chairperson during my overseas its activities removed before the lead up to study trip), Jan Hardie and Joanne Morris the next elections. Fortunately we contin­ for their total support and industry at all ued to have the services of our extended times and my Executive Officer Gail Powell Authority members, Messrs David Beatson and her staff for their loyalty and dedica­ and Lloyd Falck, whose contribution was tion throughout a very busy year. invaluable. Resulting from last year's elections the Rt Hon Jonathan Hunt was replaced as Minister of Broadcasting by the Hon Maurice Williamson. On behalf of the members of the Authority I express my appreciation to the former for his interest, encouragement and support during the first year of our existence. We also welcome the Honourable Maurice Williamson who Chairperson THE AUTHORITY Members represent both * a geographical and age Jan Hardie, Jocelyn Fish, Iain Galloway and Joanne Morris spread and collectively have a wide range of MEMBERS Ms Jan Hardie, B.Ed., a trained teacher from Christchurch, has had experience in experiences and perspec­ Collectively Members of the Broadcasting children's television production, bicultural tives. Standards Authority have a wide range of issues, media and parent education and interests and experiences. community action. She currently is a sport The Chairperson, Mr Iain Gallaway, administrator and coach. Q.S.O., M.B.E., a Dunedin barrister and Ms Joanne Morris, LL.M. (Hons), formerh solicitor has been Chancellor of the Angli­ a university senior law lecturer from can Diocese of Dunedin for 30 years and Wellington, chaired the Ministerial Inquin has been involved with numerous national into Pornography and is currently a charitable trusts. He has had almost 40 member of the Waitangi Tribunal. years experience as a sports and current affairs commentator, principally on radio Members have been appointed for stag­ but also on television, and served on the gered terms of one to three years and Ms board of the Broadcasting Corporation of Morris, originally appointed for one year, New Zealand for two non-consecutive was reappointed in June 1990. terms. Mrs Jocelyn Fish, C.B.E., J.P., B.A., a farmer EXTENDED AUTHORITY and trained teacher from the Waikato, is the MEMBERS immediate past president of the National For the implementation of Part VI relating Council of Women of New Zealand. She to allocation of broadcasting time and has served as an elected representative in funds to political parties during election local government and as an appointee on campaigns, two additional members the Film Censorship Board of Review. She Messrs Lloyd Falck and David Beatson currently is Deputy Chief Commissioner of were appointed to the Authority. the Transport Accident Investigation Commission. CHALLENGES After a stimulating and challenging first A further difficulty arose unexpectedly year in which the Authority laid its when, after the Authority had made the foundations and explored the range of its allocations, the New Zealand Party became work, it hoped for a relatively routine ineligible for its allocation of funds, because second year which would provide time for it did not field the required number of consolidation. However, when reflecting on candidates. As a consequence, the Author­ its achievements and accomplishments, it ity had to re-allocate those funds and it was becomes clear that the second year has been at this reallocation stage that the only legal even busier and more challenging than the challenge to the Authority's decisions was first year! made. An injunction to prevent the Au­ Three challenges stand out. thority's reallocation, in the manner determined by the Authority, was unsuc­ cessfully sought in the High Court by the PARTY POLITICAL • a very busy and NewLabour Party. ADVERTISING lallenging year three Although it was a thankless task, the lallenges stand out. In November 1989 the Authority began to Authority was both pleased and satisfied study its functions under Part VI of the that it fulfilled its responsibilities with very Broadcasting Act 1989 - the allocation of the little criticism from the public, the broad­ funds appropriated by Parliament to casters or the political parties concerned. political parties for the purchase of time on There was considerable sympathy for the radio and television for party political Mana Motuhake Party which did not advertising. The Authority had anticipated receive any allocation but fortunately it was that this would be a very demanding and widely recognised that this was due to the difficult task and when it began to imple­ eligibility criteria in the legislation and not ment its responsibilities, it also found the Authority's interpretation or implemen­ numerous difficulties with the legislation. tation of the Act. Partly as a result of the Authority's recom­ The Authority gratefully acknowledges the mendations, Part VI of the Act was assistance of the two Extended Authority repealed and replaced in March 1990. members who were appointed, as required However, for reasons independent of the by the Broadcasting Act for all matters Authority, Part VI was again repealed and pertaining to Part VI, by the then Prime replaced in August 1990. Minister and the Leader of the Opposition, Not surprisingly, the two changes to the Mr Lloyd Falck and Mr David Beatson. legislation - after it began to implement Part Without their invaluable contributions, the VI of the Act - compounded the Authority's process would have been much more difficulties in this area and several steps onerous for the Authority. It also acknowl­ taken before each repeal had to be repeated. edges the contribution and support it Although this required a number of extra received from its consultant, Mr Ian meetings, the Authority was careful to McLean, former secretary of the BCNZ, ensure that everyone involved was kept whose ability and experience, in addition to fully informed of all stages of the process his meticulous attention to detail, were also and, in turn, that the Authority was fully invaluable. aware of the views of all the political parties and broadcasters. FOR THE PUBLIC GOOD Court. The Authority first decided the complaints from The Treasury and the A second major challenge for the Authority Business Roundtable, neither of which had was the determination of the series of commenced court proceedings. After complaints emanating from the widely further deliberation, the Authority deter­ publicised Frontline programme "For the Public Good" which screened on TV1 on mined all aspects of the remaining April 29,1990. By the end of June, the complaints which did not involve matters Authority had received the first of seven of disputed fact. It decided that those lengthy and detailed complaints arising complaints involving questions of factual from this programme. The issues involved disagreement should be resolved by the were extremely complex and the Authority High Court and those parts of the com­ plaints have been deferred accordingly. Although a very daunt­ met many times before issuing its decisions, the first two in December and the remain­ ing task, the Authority ing in April 1991. ALCOHOL ADVERTISING believes that its review REVIEW Two additional members were co-opted to of the alcohol advertis­ assist the Authority in the determination of The third major challenge for the Authority ing code will, in the end, these complaints, Sir David Beattie, a this year has been its review of the Alcohol be judged to be fair and former Governor-General and High Court Advertising Code. In 1989 the Authority Judge, and Mr Geoffrey Whitehead, former identified three priority areas in the Codes c open. Chief Executive of Radio New Zealand and Broadcasting Practice for review: (1) restric­ of the Australian Broadcasting Corporation.