BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

Radio New Zealand’s Nine to Noon bulletin included two segments titled ‘What do schools need to do to protect against fraud?’ and ‘Top tips for global investment’. Mr Golden lodged a complaint with RNZ alleging that the segments breached broadcasting standards. RNZ did not accept Mr Golden’s correspondence as a formal complaint on the basis it related to matters of personal preference which are not covered by the broadcasting standards regime. The Authority considered whether it had jurisdiction to accept Mr Golden’s referral of the matter to the BSA. It found it was open to RNZ to find that Mr Golden’s correspondence did not raise matters of broadcasting standards which triggered the formal complaints process. As a valid formal complaint was not made in the first instance, the Authority did not have jurisdiction to accept Mr Golden’s referral of his complaint.

Declined Jurisdiction

An item on Seven Sharp featured a young girl who was passionate about pig hunting. The item contained footage of the girl and her father on a pig hunt, including footage of the pig bailed up by dogs, as well as the young girl holding the pig’s heart after it had been gutted, and carrying the carcass. The Authority did not uphold a complaint that the item breached the good taste and decency and children’s interests standards. The subject matter of the item was clearly signposted by the hosts, who also provided a warning about the content. Viewers and caregivers were therefore given a reasonable opportunity to exercise discretion or make a different viewing choice. In any event, the footage shown during the item was not overly gory or gratuitous, and while some viewers may have found it unpleasant to watch, the broadcast of hunting footage is generally acceptable in New Zealand so long as standards are maintained.

Not Upheld: Good Taste and Decency, Children’s Interests 

A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘…Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead.’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault. Due to its over-the-top, satirical nature, and taking into account audience expectations of Radio Sport and of the segment, listeners would not take the skit seriously or think that the type of behaviour described in the skit was acceptable.

Not Upheld: Good Taste and Decency 

An episode of a documentary series Shocking Lives, titled The Grandmother Lovers, explored relationships between younger men and older women. It contained sexual content and nudity. The Authority did not uphold a complaint that the documentary breached the good taste and decency standard. The documentary did not contain overly explicit or graphic material. Sexual activity was largely implied, and the programme featured only limited nudity. The broadcaster took sufficient steps to inform viewers about the content of the programme, which was classified AO, broadcast at 9.30pm and preceded by a warning for sexual content and nudity. The documentary focused on relationships between consenting adults and in the context of the broadcast this did not undermine general community standards of good taste and decency.

Not Upheld: Good Taste and Decency

The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person.

Upheld: Privacy

Order: Section 13(1)(d) – privacy compensation to the complainant $1,000

An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context.

Not Upheld: Responsible Programming, Children’s Interests, Law and Order

An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage. The broadcaster exercised adequate care and discretion when showing footage of cruelty against bobby calves.

Not Upheld: Controversial Issues, Accuracy, Privacy, Violence, Discrimination and Denigration, Fairness 

An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly.

Not Upheld: Balance, Accuracy, Fairness 

The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive. The Authority found that listeners and members of the public would likely have found the segment offensive and unacceptable, and that involving the Prime Minister had the potential to attract a wider audience. For the same reasons the Authority found the segment was not socially responsible. The Authority did not, however, uphold the complaint under the law and order standard.

Upheld: Good Taste and Decency, Responsible Programming

Not Upheld: Law and Order

Orders: Section 13(1)(a) broadcast statement; section 16(4) costs to the Crown $1,000

An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need…’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency.

Not Upheld: Good Taste and Decency