Ottawa, June 17, 1999 -- The Canadian Broadcast Standards Council (CBSC) today released its decision concerning a report on exaggerated claims made by some independent distributors of a food supplement known as HMS 90. The report was broadcast as part of CFTM-TV (TVA)’s public affairs program, J.E. A viewer, also a distributor of the product, complained that the report was unfair and cast doubt over all distributors of the product.
The Quebec Regional Council considered the complaint under the Codes of Ethics of the Canadian Association of Broadcasters (CAB) and the Radio Television News Directors Association (RTNDA). It found no breach of either Code but did note that J.E. had omitted to identify a leaflet shown in the report, and “that the omission of minimal identification of the document in question constitutes careless, if not shoddy journalism at best, and, by one possible interpretation of motive, misleading journalism at worst”.
The viewer also complained of the use of hidden cameras to record the exaggerated claims apparently made by an HMS 90 distributor and the response of an employee of the manufacturer regarding potential revenues associated with the sale of HMS 90. This being the first time the CBSC has been called upon to rule on the issue of the use of hidden cameras as an information-gathering technique, the Council established a two-pronged test:
[T]he Council considers that the resolution of such an issue depends on the interpretation of two issues. The first is the public interest in the matter with respect to which such devices are employed; and the second relates to the appropriateness of this device to the making of that report.
The Council found that the circumstances of this case warranted the use of hidden cameras as an information-gathering technique.
As to the first issue, in this case, the Council has no hesitation in concluding that the inquiry into the selling tactics associated with HMS 90 was a legitimate avenue of pursuit. The public has an interest in knowing about products which are offered as having curative values, products which may walk the fine line between food and drugs, products which may find themselves on the border between regulation and non-regulation, particularly where the public’s health may be at play.
As to the second issue, the Council stated that it “believes that the information in question would not have been comprehensively and credibly unearthed without the use of hidden recording devices.”
Canada’s private broadcasters have created industry standards in the form of Codes on ethics, gender portrayal and television violence by which they expect their members will abide. They also created the CBSC, which is the self-regulatory body with the responsibility of administering those Codes, as well as the Code dealing with journalistic practices created by the Radio Television News Directors Association Canada (RTNDA). More than 430 radio and television stations and specialty services from across Canada are members of the Council.
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All CBSC decisions, Codes, links to members’ and other web sites, and related information are available on the World Wide Web at www.cbsc.ca. For more information, please contact the National Chair of the CBSC, Ron Cohen, at (###) ###-####.