A Newshub bulletin featured five separate items which the complainant considered related to the United States. The Authority declined to determine a complaint about the ‘sheer volume’ of news stories from the US, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards.
Declined to Determine: Balance, Programme Information
An item on 1 News reported on the humanitarian crisis in Damascus following disruption of water supplies, caused by fighting between the Syrian army and rebel forces. During the item, the reporter said, ‘The outage came after the government attacked rebels holding the city’s main water source’. The Authority did not uphold a complaint that this item was biased and misleading by allegedly attributing blame for the water outages to President Bashar al-Assad, rather than the rebel forces. In the context of a brief item focused on the humanitarian impact of the conflict, the statement made by the reporter was a reasonable description of what occurred, and the omission of further information or different sources would not have left viewers misled or uninformed about the events covered by the item.
Not Upheld: Accuracy, Balance
The complainant referred to the Authority a formal complaint about the film Fifty Shades of Grey, which was broadcast on TV3 at 8.30pm on Sunday 22 January 2017. The broadcaster argued that the original complaint had been received prior to the broadcast of the film, and so did not constitute a valid formal complaint (and therefore could not be referred to the Authority). To support its position, the broadcaster referred to the time stamp on the automatic acknowledgement email, which is sent to both the complainant and the broadcaster at the time the complaint is lodged. This time stamp read ‘22 January 2017 at 20:25’ (being five minutes before the film was broadcast). The Authority found that the broadcaster was entitled to rely on this time stamp, and that a valid formal complaint was not lodged with the broadcaster (as it concerned a programme which had not yet been broadcast). The Authority therefore did not have jurisdiction to accept the complainant’s referral.
Declined jurisdiction
An item on 1 News reported on the Labour Party’s ‘Ready for Work’ policy, which offered unemployed young people employment on the minimum wage in environmental and community projects for six months. The item reported that, according to Labour, the scheme would cost $60 million per year for 10,000 participants. However, the $60-million sum was actually ‘based on participants taking up the scheme for just four months, not the promised six’. The Authority did not uphold a complaint that the item was based on inaccurate and unsubstantiated conclusions made by the reporter featured in the item, which was misleading and damaged the credibility of the Labour Party. The reporter’s comments, while critical, were not inaccurate or misleading, and it is an important function of the media to comment critically on political party policy in the lead up to an election period. Labour was given sufficient opportunity to consider the reporter’s comments and to put forward its views, both during the 1 News item and in considerable coverage in other media at the time.
Not Upheld: Accuracy, Fairness, Balance
Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint.’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item. However, the Authority found it would have been straightforward for this correction to also include an apology to Mrs Shen, which would have addressed her concerns. The item clearly had the potential to be particularly damaging to Mrs Shen’s reputation in her local community, and her livelihood. She was an innocent bystander and, due to her limited English, was unable to meaningfully respond to the reporter’s questions or defend herself. The Authority found that no order was warranted, as the decision publicly notified the breach of standards.
Upheld: Fairness (Action Taken), Accuracy (Action Taken); No Order
On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7.8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant. It also emphasised, however, the high public interest in the broadcast and the role of the media in providing information to New Zealanders following a significant natural disaster. The Authority found the broadcaster made reasonable efforts in the circumstances to ensure the accuracy of the statement by relying on information provided to it by emergency services. While precise verification was not available at the time of this broadcast, TVNZ ceased referring to a heart attack as the cause of death once it became aware earlier information provided to it may not have been correct. The fairness standard was not applicable in the circumstances.
Not Upheld: Accuracy, Fairness (Action Taken)
A segment on Nine to Noon discussed raising the youth justice age. The presenter interviewed a human rights lawyer, a youth worker and the director of JustSpeak. The Authority did not uphold a complaint that the segment was unbalanced. While the interviewees featured all supported raising the youth justice age, the presenter referred to the existence of alternative views on a number of occasions during the item. The issue was also canvassed in detail in other media coverage during the period of current interest, therefore audiences would be aware of a variety of perspectives beyond those put forward by the interviewees. It was not necessary, in the interests of balance, for the segment to feature a detailed examination of the opposition to raising the youth justice age, and listeners would not have been left uninformed on the issue as a result of the item.
Not Upheld: Balance
An interview was broadcast on Saturday Morning with the President of Catholics for Choice (CFC). He spoke about CFC’s position, and his own views, on contraception, marriage equality and abortion, contrasting these views with the Catholic Church’s stance on these topics. The Authority did not uphold a complaint made by Right to Life that a representative of the Catholic Church should have been given the opportunity to respond to the ‘allegations’ made by the CFC President. The item was introduced and presented from the narrow perspective of CFC, which did not represent the views of all Catholics or of the Church hierarchy, and this was made clear during the interview. The Authority considered that most listeners would have been broadly aware of the Catholic Church’s stance in relation to the topics discussed and a rebuttal was not required to balance the interview. The Authority also did not uphold the fairness complaint, as the connection between CFC, Family Planning and Planned Parenthood was clearly outlined at the beginning of the item, and the item did not result in unfairness to the Catholic Church.
Not Upheld: Balance, Fairness
An item on 1 News reported on a fatal bus crash that occurred south of Gisborne on Christmas Eve in 2016. The bus was carrying students and teachers from a visiting Tongan school band. The item featured photos, sourced from a public Facebook page for the Tongan community, of some of the injured passengers in hospital. The Authority upheld a complaint that the broadcast breached the injured passengers’ privacy. While the photos were in the public domain, those featured did not consent to their images appearing in the news item. As injured patients receiving medical care, they were in a particularly vulnerable position. While the Authority acknowledged the broadcaster’s submission that the Tongan community may have seen the use of these photos as a sign of support or respect for those involved in the accident, broadcasting the images widened the potential audience beyond the community for whom the photos were initially shared. The Authority noted that where social media content is re-published on another platform, such as broadcast media, privacy considerations should be considered afresh, particularly in sensitive circumstances.
Upheld: Privacy; No Order
An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed. The Authority upheld a complaint that the item was unfair and misleading, finding that the reporting of the email extract gave the impression that Mr Skinner had chosen to intentionally remove the purchaser’s right to have the title checked, and did not reflect the other protections available to the purchaser in the SPA. The negative impression created by the item was disproportionate and unfair to Mr Skinner, and undue focus was given to him in the context of the item as a whole. The item did not discuss a controversial issue of public importance that triggered the balance standard.
Upheld: Fairness, Accuracy; Not Upheld: Balance
No Order