An item on Story covered the ongoing story of presenter Heather du Plessis-Allan’s mail-order purchase of a firearm for an earlier item, and the subsequent police investigation and search of her house. The Authority did not uphold a complaint alleging that the presenter’s reference to ‘legal loopholes’ within the mail-order firearm purchase system was inaccurate and unfair to the parties concerned because the firearm was procured illegally. The presenter used the term ‘loophole’ rather than ‘legal loophole’ and this was an accurate description of the mail-order system prior to police action. The item further did not unfairly represent the purchase process or otherwise result in unfairness to any individual or organisation referred to.
Not Upheld: Accuracy, Fairness
Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue.
Not Upheld: Controversial Issues, Accuracy
An item on Story showed presenter Heather du Plessis-Allan purportedly exposing a loophole in New Zealand’s gun laws by falsifying a mail-order form and obtaining a firearm from a gun dealer without verifying that she held a gun licence. The Authority did not uphold a complaint alleging that the broadcast encouraged viewers to break the law. The item carried public interest, it was clearly meant to discourage flouting of gun laws rather than encourage illegal activity and the Police Association commended Story for exposing the issue.
Not Upheld: Law and Order
An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency.
Not Upheld: Good Taste and Decency
Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women.
Upheld: Fairness (Action taken), Good Taste and Decency (Action taken), Privacy
Not Upheld: Discrimination and Denigration, Law and Order, Responsible Programming, Controversial Issues, Accuracy
Orders: Section 13(1)(d) $4,000 compensation to A for breach of privacy; section 13(1)(d) $2,000 compensation to B for breach of privacy; section 16(4) $2,000 costs to the Crown
During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem?’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community. Taking into account freedom of expression and the context of talkback radio and this particular broadcast, Mr Plunket’s comments did not reach the high threshold necessary for a finding that the broadcast encouraged discrimination or denigration, nor did they go so far as to breach standards of good taste and decency.
Not Upheld: Discrimination and Denigration, Good Taste and Decency
An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach. The nature of the breach required further action from the broadcaster, such as a public acknowledgement or apology or a follow-up broadcast that included comment from Mr Fisher and/or an alternative perspective in support of the quarry.
Upheld: Action Taken (Fairness, Accuracy, Controversial Issues)
Order: Section 16(4) $750 costs to the Crown
During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment. The Authority did not uphold the balance complaint as the interview did not discuss a controversial issue of public importance.
Upheld: Accuracy, Fairness
Not Upheld: Controversial Issues
No Order
Storytime featured a series of readings from the Margaret Mahy novel The Catalogue of the Universe. The Authority upheld a complaint that the young adult novel featured content unsuitable for younger listeners and should not have been broadcast during Storytime. The story featured teenage drinking and sexual activity which were not appropriate for child listeners and would not have been within audience expectations of this timeslot, which has long been understood to feature stories aimed at younger children.
Upheld: Responsible Programming
No Order
The host of Paul Henry said ‘bastards’ when referring to phone scammers and said the word ‘God’ several times as an exclamation when discussing the 2015 Rugby World Cup. The Authority did not uphold a complaint that this language breached broadcasting standards. It would not have offended a significant number of viewers or adversely affected any children who might have been watching.
Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration