29 May 2017

Media: Lowes v. MediaWorks

No surprise that television news ratings are falling and revenue plummeting when the Broadcasting Standards Authority allows media to prioritise entertainment over factual accuracy. The Authority had no concerns over TV3’s gross misrepresentation of the United Kingdom’s constitutional position in a July 2016 Paul Henry broadcast.
Commentator Paul Henry embellished his 2016 Independence Day interview with Mark Gilbert, the then United States ambassador to New Zealand, by referencing US independence from “England” in 1776, coupling this with comments from Margaret Thatcher as former prime minister of “England”.  One viewer made a formal complaint to MediaWorks TV Ltd, owner of TV3.  The US obtained independence from Great Britain, not England.  Mrs Thatcher was prime minister of the United Kingdom, not England.
Media Works excused the inaccuracies as being immaterial in the context of an item about expatriate US citizens celebrating their national day.  TV3 describes Paul Henry as being light-hearted and irreverent.  An appeal to the Broadcasting Standards Authority was no more successful.  The broadcasting code requires media to make all reasonable efforts to ensure news and current affairs is “accurate in relation to all material points of fact.”  The Authority ruled that accuracy is not required for unimportant points unlikely to affect the audience’s understanding of a broadcast as a whole.
An appeal to the High Court failed.  Appeals are on grounds of process only; did the Authority follow the right procedures in reaching its decision?  Justice Thomas said it is clear the Authority considered all relevant evidence put before it.  There was no indication that the Authority has considered any media guidelines for phrases commonly used in a factually incorrect manner.  Without such guidelines or statements of principle it could not be said the Authority had departed from them.
The court was told MediaWorks has issued new guidelines to journalists over correct reference to the United Kingdom and to Great Britain.     
Lowes v. Mediaworks TV – High Court (29.05.17)

17.056