Investigation Report No. 2416
File No. / ACMA2010/1031Licensee / General Television Corporation Pty Ltd
Station / GTV
Type of Service / Commercial Television
Name of Program / A Current Affair
Date of Broadcast / 10 February 2010
Relevant Code / Clauses 4.3.1; 7.9 and 7.12 of the Commercial Television Industry Code of Practice 2010
Date Finalised / 15 October 2010
Decision / Breach of clause 7.9 (advice to telephone complaint)
No breach of clause 4.3.1 (factual accuracy)
No breach of clause 7.12 (written response within 30 days)
The complaint
On 27 April 2010, the Australian Communications and Media Authority (the ACMA) received an unresolved complaint regarding a segment of A Current Affair broadcast on 10 February 2010 by the licensee of GTV, General Television Corporation Pty Ltd. The complainant alleged the segment contained inaccurate information regarding the technology of flat screen televisions.
The complainant also alleged that on telephoning the licensee in February 2010 to initiate his complaint, he was not advised that he was required to put his complaint in writing and that the licensee was obliged to respond. On writing to the licensee the complainant did not receive a response within 30 days of making his complaint, and referred the matter to the ACMA for investigation.[1]
The complaint has been investigated in accordance with clauses 4.3.1, 7.9 and 7.12 of the Commercial Television Industry Code of Practice 2010 (the Code).
Matter not considered
In his complaint to the ACMA, the complainant stated:
The second thing that comes across to the viewer is the use of Opinions, by people...who are not only biased in what they say, but also have not, do not, or will not, take the time to make informed and accurate statements based on actual technological facts.
The issue of ‘bias’ in current affairs programs is not addressed under the Code. While the Code requires all ‘news programs’ to be presented ‘fairly and impartially’,[2] there is no equivalent requirement for ‘current affairs programs’. Accordingly, this aspect of the complaint will be assessed insofar as it relates to the presentation of factual material and the fair representation of viewpoints under clause 4.3.1 of the Code.
The program
A Current Affair is a half-hour current affairs program broadcast on weeknights by the Nine Network at 6:30pm.
On 10 February 2010, the program broadcast a segment about a perceived drop in market price in flat screen televisions. The focus of the segment was on what it referred to as ‘LED TVs’, and included the viewpoints from a spokesperson from ‘JB Hi-Fi’ (‘A’); a spokesperson from ‘Price Comparison website ‘Get Price’ (‘B’); a person introduced as ‘‘Today’ show technology editor’ (‘C’); and a young girl who commented on 3D televisions (‘D).
The report was introduced by the program presenter as follows:
‘It is a brave new world in home entertainment right now with an ever-increasing number of options for home theatre lovers. While Plasma and LCD have been around for years it’s LED that’s getting all the attention, mainly because their prices are plummeting’.
This led into the program reporter’s interview with ‘A’, who spoke about an LED product and described how over the last six months it had dropped in price.
Following this, the reporter stated:
They are the latest and the best TVs and the prices are plummeting.
Further comments were provided by ‘A’ about another LED product that had dropped in price over the last 6 months, and his view on the forecast of prices for the LED televisions generally.
This was followed by ‘B’s comments also about the drop in price and the competition that this has given rise to. The reporter referred to the research on the ‘Price Comparison website’ and how it showed drops in prices of a range of LED products in the past 6 months.
Following this, ‘C’ provided his opinion on why he thinks the LED is ‘popular’, and forecast its place in the market in the near future. ‘B’ also provided his opinion about consumer research and competition.
The reporter concluded the segment with a discussion on how the LED technology is likely to soon ‘be superseded by 3D’ technology. This included comments by ‘A’ ‘B’, ‘C’ and ‘D’ about the features and/or anticipated prices of 3D.
The segment ran for 4 minutes and 6 seconds.
Assessment
The investigation is based on a DVD recording of the broadcast provided to the ACMA by the licensee, together with submissions provided by the licensee and the complainant.
Other sources consulted are identified where relevant.
Issue 1: Factual accuracy
Relevant Clause
4.3: In broadcasting news and current affairs programs, licensees:
4.3.1: must broadcast factual material accurately and represent viewpoints fairly, having regard to the circumstances at the time of preparing and broadcasting the program;
4.3.1.1 An assessment of whether the factual material is accurate is to be determined in the context of the segment in its entirety.
In determining whether or not a statement complained of was compliant with the licensee’s obligation to present factual material accurately (having regard to the circumstances at the time of preparing and broadcasting the program), the ACMA generally has regard to the following considerations:
· The meaning conveyed by the relevant statement is assessed according to what an ‘ordinary, reasonable viewer’ would have understood the program concerned to have conveyed. Courts have considered an ordinary, reasonable viewer to be:
A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.[3]
· The ACMA must assess whether the relevant statement would have been understood by the ordinary reasonable viewer as a statement of fact or an expression of opinion.
· The primary consideration would be whether, according to the natural and ordinary meaning of the language used and the substantive nature of the message conveyed, the relevant material presents as a statement of fact or an expression of opinion.
ú In that regard, the relevant statement must be evaluated in its context , i.e. contextual indications from the rest of the broadcast (including tenor and tone) are relevant in assessing the meaning conveyed to the ordinary reasonable viewer.
ú The use of language such as ‘it seems to me’, ‘we consider/think/believe’ tends to indicate that a statement is presented as an opinion. However, a common sense judgment is required as to how the substantive nature of the statement would be understood by the ordinary reasonable viewer, and the form of words introducing the relevant statement is not conclusive.
· Inferences of a factual nature made from observed facts would usually still be characterised as factual material (subject to context); to qualify as an opinion/viewpoint, an inference reasoned from observed facts would usually have to be an inference of a judgmental or contestable kind.
· While licensees are not required to present all factual material available to them, if the omission of some factual material means that the factual material actually broadcast is not presented accurately, that would amount to a breach of the clause.
· In situations where witnesses give contradictory accounts and there is no objective way of verifying the material facts, the obligation to present factual material accurately will ordinarily require that the competing assertions of fact be presented accurately as competing assertions.
· The identity of the person making the statement would not in and of itself determine whether the statement is factual material or opinion, i.e. it is not possible to conclude that because a statement was made by an interviewee, it was necessarily a statement of opinion rather than factual material.
Fair representation of viewpoints
Clause 4.3.1 of the Code obliges the accurate presentation of factual material and the fair representation of viewpoints. In relation to the latter element, the segment included viewpoints from ‘A’, ‘B’, ‘C’, ‘D’, the segment presenter and reporter. TheACMA has not been provided with any information to suggest that these viewpoints were not fairly represented in the broadcast. Accordingly, an examination of the program’s compliance with clause 4.3.1 insofar as it relates to the obligation to represent viewpoints fairly has not been pursued further.
Complainant’s submissions
The complainant submitted that:
Even before [the reporter] started speaking, [the presenter] started with what can only be described as “False and/or misleading journalism” when she said quote “While Plasma & LCD have been around for years, it’s LED that’s getting all the attention, mainly because their prices are plummeting” end of quote.
This statement, when heard by people who simply do not know, for whatever reason, implies/infers that there is a third type of TV available in the stores, and that is LED.
This statement is both FALSE and MISLEADING! [emphasis added by complainant]
During the course of this segment, we are introduced to [‘C’], who makes the comment quote – “LED is probably my favourite format that’s around at the moment. I think it’s popular because.. AH.. the result that you get from watching television is, ..is.. AH.. a fantastic quality experience” end of quote. [emphasis added by complainant]
This statement clearly indicates to me that [‘C’] has absolutely no idea of the true meaning of the word ‘format’, particularly in reference to flat screen TV sets.
My own dictionary defines the word format as ‘the general physical appearance of a book, newspaper, or magazine etc’ ...
[...]
Fact 1 – Plasma & LCD are still the only two (2) types of flat screen television sets available in the various stores across this Country, and that situation is unlikely to change any time soon.
[...]
Fact 2 – LED (which stands for Light Emitting Diode) is the most recent form of backlighting that is found in all LCD (Liquid Crystal Display) Televisions, (NOT in Plasma TVs), irrespective of who makes, or assembles, the finished product.
In short, whilst NOT all LCD TVs are LED TVs, All LED TVs are, in actual fact, LCD TVs with an LED backlighting system, be it edge, or rear, positioned.
[...]
It is extremely obvious ... that all those involved in this segment of ACA either have little or no knowledge on the subject, or are strictly adhering to the first principle of journalism, that is ‘Never ever let the truth get in the way of a good sensational story, even if some, or all, of the so called ‘facts’ put over in the story are actually false and/or misleading to the public’.
This was made quite clear right from the beginning by [the presenter’s] comments, and then reinforced by [C’s] comments.
Licensee’s submissions
The licensee submitted to the complainant that:
The report focused on the costs of televisions and noted that there had been a marked fall in some of those costs, especially in relation to LED televisions.
While Nine agrees that technically, all LED televisions are LCD televisions, we also agree with [the complainant] that not all LCD televisions contain LED technology and that Plasma televisions do not use LED technology at all. We believe it is therefore incorrect to say there are only two types of television technologies available in the market. Despite this, we also note that at no time in the Report did we state there were three television technologies available. The report mentioned a range of technologies including the arrival later this month of 3D televisions.
The report was a consumer based report which focussed on the differing types of televisions offered for retail sale and their relative price. We note that the retail sector markets the LED technology as a separate technology to LCD and Plasma televisions. In so reporting, we maintain the report was accurate and was not misleading.
While [the complainant] dispute[s] the use of the word ‘format’ we note the word is a commonly used term ...with a range of technology applications, including screen ratios for television sets. We also believe the use of the word is not inconsistent with the dictionary meaning proffered by you, although we maintain that the statement was a statement of opinion and therefore not covered by the Commercial Television Industry Code of Practice requirements for accuracy.
Finding
The licensee did not breach clause 4.3.1 of the Code in relation to the presentation of factual content in the broadcast of A Current Affair on 10 February 2010.
Reasons
The complainant alleged that the program referred to televisions that contain LED technology as a ‘format’ and that this inferred that ‘there is a third type of Television technology available in the market place’. The complainant considers this to be misleading as LED is not a ‘format’, but a ‘form of backlighting’ featured in some LCD televisions, and that the only two flat screen televisions available in the Australian market are ‘Plasma and LCD’.
The Macquarie English Dictionary (4th Edition) includes the following definition for the word ‘format’:
2.the general physical appearance of a book, newspaper, or magazine, etc., such as the size, typeface, binding, quality of paper, margins, etc.
3.the plan or style of something: the format of a television series.