Robin Grieve: Treaty propaganda leads to TVNZ complaint

In early February Robin Grieve complained to Television New Zealand that a news reader on Waitangi Day had breached Broadcasting Standards by inaccurately referring to the Treaty of Waitangi as the nation's "founding document". Robin's letter and TVNZ's response can be seen below. He is presently considering appealing the decision to the Broadcasting Standards Authority.

*Letter from Robin Grieve to the Complaints Committee TVNZ:

Programme: TV One News
Date of broadcast: 6 February 2013
Time of broadcast: 6.00pm
Channel: TV One

The Programme Standards I believe were breached are as follows:

Good Taste & Decency – No
Law & Order – No
Privacy – No
Controversial Issues / Viewpoints – No
Accuracy – Yes
Fairness – No
Discrimination & Denigration – No
Responsible Programming – No
Children's Interests – No
Violence – No
Liquor - No

The reasons that I found this programme breached the standards:

The news reader said "from the Treaty Grounds at Waitangi where the Nation's founding document was first signed 173 years ago"

It is not accurate to describe the Treaty of Waitangi as the Nation's founding document. The Treaty of Waitangi was a treaty between the British Government and the natives of New Zealand. New Zealand did not become a nation at that point. It was a colony and had no self government. A colony without self government is not a Nation. In 1852 the colony of NZ was given the right to self government under the NZ Constitution Act which is the first document that could be described as a founding document because it allowed for the introduction of self government.

It is important that news readers do not help instil in people misinformation such as this. The status of the Treaty is controversial enough without having it incorrectly described. The news reader’s words will elevate the Treaty in the minds of people who have not researched the facts beyond what it is. There is also debate over the importance of the Treaty and its significance and whether it should be included in any constitution.  Opinions vary and that is to be expected and news readers should play no role in shaping people’s opinions other than in presenting facts on which they can base them. They need to be careful that they present facts only.

There are a number of documents starting from the NZ Constitution ACT of 1852 which progress NZ into nationhood with the 1947 adoption of the 1931 Statute of Westminster as the last. It is also inaccurate to describe any document as our Nation’s founding document because that is singular and states that only one document is involved. There are many. The Treaty of Waitangi is not even one of those. 

I have heard the Treaty of Waitangi described as our founding document in the past but that does not make the statement accurate. Repeating misinformation is no better or worse than instigating it.

While opinions will vary on the status of the treaty, opinion is irrelevant when dealing with something that should be factual. The accuracy or otherwise of the news reader’s statement is a matter of fact not opinion, and can be determined by reference to the history books.

I believe the inaccuracy in the broadcast is significant and made even more so by the controversial nature of the Treaty's status. The status that is given the Treaty has significant impact on us all and therefore it must be described accurately by news readers.

Regards, 

Robin Grieve

*Letter from TVNZ to Robin Grieve:

7 March 2013

Dear Robin Grieve

Further to your email received 8 February I wish to advise that Complaints Committee has completed its enquiry into your formal complaint about ONE News shown on 6 February on TV ONE.

Your complaint has been considered with reference to Standard 5 of the Free-to-Air Television Code of Broadcasting Practice.

The Decision

The Complaints Committee has not identified any breach of the relevant standards and accordingly declines to uphold your complaint. The reasons for this decision are discussed below.

The Programme

On Wednesday 6 February, Waitangi Day, ONE News reported on events in Waitangi that day. The presenter began her live cross by saying kia ora from the Treaty grounds at Waitangi where the nation’s founding document was first signed 173 years ago. Our national day has also been celebrated right across the country and we’ll look at how New Zealanders enjoy their day off.

There was no further reference to ‘founding document’ throughout the ONE News item.

Your Complaint

You state: The news reader said "from the Treaty Grounds at Waitangi where the Nation's founding document was first signed 173 years ago"

It is not accurate to describe the Treaty of Waitangi as the Nation's founding document. The Treaty of Waitangi was a treaty between the British Government and the natives of New Zealand. New Zealand did not become a nation at that point. It was a colony and had no self government. A colony without self government is not a Nation. In 1852 the colony of NZ was given the right to self government under the NZ Constitution Act which is the first document that could be described as a founding document because it allowed for the introduction of self government.

It is important that news readers do not help instil in people misinformation such as this. The status of the Treaty is controversial enough without having it incorrectly described. The news reader’s words will elevate the Treaty in the minds of people who have not researched the facts beyond what it is. There is also debate over the importance of the Treaty and its significance and whether it should be included in any constitution. Opinions vary and that is to be expected and news readers should play no role in shaping people’s opinions other than in presenting facts on which they can base them. They need to be careful that they present facts only.

There are a number of documents starting from the NZ Constitution ACT of 1852 which progress NZ into nationhood with the 1947 adoption of the 1931 Statute of Westminster as the last. It is also inaccurate to describe any document as our Nation’s founding document because that is singular and states that only one document is involved. There are many. The Treaty of Waitangi is not even one of those.

I have heard the Treaty of Waitangi described as our founding document in the past but that does not make the statement accurate. Repeating misinformation is no better or worse than instigating it.

While opinions will vary on the status of the treaty, opinion is irrelevant when dealing with something that should be factual. The accuracy or otherwise of the news reader’s statement is a matter of fact not opinion, and can be determined by reference to the history books.

I believe the inaccuracy in the broadcast is significant and made even more so by the controversial nature of the Treaty's status. The status that is given the Treaty has significant inpact on us all and therefore it must be described accurately by news readers.

The Relevant Standards

Standard 5 Accuracy

Broadcasters should make reasonable efforts to ensure that news, current affairs and factual programming:

• is accurate in relation to all material points of fact and/or

• does not mislead.

Guidelines

5a The accuracy standard does not apply to statements which are clearly distinguishable as analysis, comment or opinion.

5b In the event that a material error of fact has occurred, broadcasters should correct it at the earliest appropriate opportunity.

5c News must be impartial.

The Committee cannot identify any errors of fact in the statement you have complained about. The Treaty of Waitangi is widely accepted and known as the founding document of New Zealand and it is therefore accurate to refer to it in this way in the ONE News item.

The Committee refers to New Zealand History Online, produced by the History Group of the Ministry for Culture and Heritage http://www.nzhistory.net.nz/politics/treaty/the-treaty-in-brief which begins its dialogue about the Treaty by saying that “The Treaty of Waitangi is New Zealand’s founding document.”

While the Committee acknowledges that different understandings of the Treaty have long been the source of significant debate the reference to it as New Zealand’s founding document was not inaccurate. No breach of standard 5 has been identified.

Right to Refer to Broadcasting Standards Authority and Time Limit

In accordance with section 7(3) of the Broadcasting Act you are hereby notified that it is your right, should you be dissatisfied with this decision, to refer the matter to the Broadcasting Standards Authority, P O Box 9213, Wellington, as provided under section 8 of the Act, for the purpose of an investigation and review of the decision. You have 20 working days after receipt of this letter to exercise this right of referral.

Yours sincerely

Complaints Committee