An item on 3 News, broadcast on TV3 at 6pm, reported on a “strip club turf war” in Wellington and contained footage of a stripper wearing only a G-string and dancing erotically. The broadcaster upheld the initial complaint that this breached the good taste and decency and children’s interests standards, apologising to the complainant and counselling its editorial staff to prevent a similar breach. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient.
Not Upheld (Action Taken): Good Taste and Decency, Children’s Interests
At approximately 9.11pm during Kerre Woodham Talkback, the host said, “You fricken moron”, in response to a caller’s comment that having a disability was the result of “inbreeding”. The Authority did not uphold the complaint that the host’s comment breached the good taste and decency and responsible programming standards: the comment was broadcast after 9pm during a talkback programme targeted at adults, it would not have surprised or offended most listeners, and its broadcast in this context was not socially irresponsible.
Not Upheld: Good Taste and Decency, Responsible Programming
During the ZM drive show Jay, Flynny and Jacqui, one of the hosts told a personal anecdote about a prank she committed in her youth, namely setting off a fire alarm, “resulting in all of Timaru’s fire engines turning up”. The Authority did not uphold the complaint that the host’s comments breached the law and order standard: the anecdote was a light-hearted recollection of the host’s actions in her youth intended to entertain, but with an educational message – the host made comments condemning her own behaviour and noting the repercussions – and the story did not invite imitation or otherwise encourage listeners to break the law.
Not Upheld: Law and Order
In an interview on Radio New Zealand National’s Checkpoint the Executive Director of the Rape Prevention Education Group stated, “I think our focus has to be on the safety of our children, and we know that approximately one in four girls and one in eight boys are likely to experience some form of sexual violence before the age of 16”. RNZ News later reported, “The group’s executive director, Kim McGregor, claims . . .” and repeated the figures. The Authority did not uphold the complaint that the statement breached the accuracy standard: the Director’s comment was not a statement of fact but reflected her views and experiences, and was presented from an advocacy perspective, the figures were approximates and, while contentious, were supported by some independent research.
Not Upheld: Accuracy
An item on One News broadcast at 6pm included footage of a rugby player mouthing an obscenity. The Authority did not uphold the complaint that the statement breached the good taste and decency and children’s interests standards: the language was inaudible, which reduced its potential to offend; it would have bypassed most children as they would have to have been actively watching to understand what was said; and the news is not targeted at, or likely to appeal to, children.
Not Upheld: Good Taste and Decency, Children’s Interests
A promo for Two and a Half Men screened at 2.10pm during Anderson, a chat show rated G (General), as part of a montage of promos for ‘Comedy Wednesday’; it contained sexual innuendo and the word “penis”. The Authority did not uphold the complaint that the promo breached standards relating to good taste and decency, responsible programming, and children’s interests: the promo screened during a chat show targeted at adults and in an AO timeslot; the promo was light-hearted and intended to be humorous; the sexual content was sufficiently inexplicit, and the broadcaster adequately considered children’s interests.
Not Upheld: Good Taste and Decency, Responsible Programming, Children’s Interests
A Close Up report profiled Māori activists and their views on the Government’s sale of state assets and proposed mining activities. The Authority did not uphold the complaint that the item breached standards relating to good taste and decency, controversial issues, and discrimination and denigration: the views expressed by the activist represented one end of a political spectrum – they were described as radical and the audience would have understood that they were not representative of all Māori or young Māori; the item did not encourage the denigration of, or discrimination against, any section of the community; the interview focused on the activist and his brother and their political views; the reporter took a “devil’s advocate” approach, and the programme included viewer feedback.
Not Upheld: Good Taste and Decency, Controversial Issues, Discrimination and Denigration
During a discussion about gay marriage on Newstalk ZB’s Overnight Talkback, the host described the complainant, a caller, as “incredibly rude”. The host read out a fax from the complainant and repeated the word “homophobic” while spelling out “faggot”. The Authority did not uphold the complaint that the host’s comments breached the fairness and discrimination and denigration standards: while it was clear that the host disagreed with the complainant’s views, he did allow the complainant an opportunity to present his perspective and he was not abusive towards him; and the host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community.
Not Upheld: Fairness, Discrimination and Denigration
A book reading of Eggs, written by New Zealand author Maxine Alterio, was broadcast on Radio New Zealand National on Good Friday morning at 6.50am. The story was told from the perspective of an “at risk youth” who attended a Polytechnic course where she and her classmates looked after eggs in order to learn parenting skills. The story contained mature themes including references to drug taking and sex, as well as some coarse language. The Authority did not uphold complaints that the book reading breached the good taste and decency standard: it was an artistic work and the language and themes were acceptable in the context, and upholding the complaints would unjustifiably limit free speech.
Not Upheld: Good Taste and Decency
The question for the Authority was whether a complaint had been submitted within the time allowed. The complainant submitted two formal complaints about two broadcasts on Fair Go, using the broadcaster’s online complaint form. The broadcaster declined to accept the second complaint on the basis that it was out of time. Under the Broadcasting Act 1989 formal complaints must be lodged in writing with the broadcaster within 20 working days after the programme has screened. The complainant submitted his online complaint shortly before midnight on 28 June, the 20th working day after the broadcast. The definition of “working day” in section 2 of the Act specifies days of the year that are to be excluded but not times of day. The Authority held that the ordinary meaning of a “day” runs from midnight to midnight and that the complaint should have been accepted by the broadcaster. The Authority made an order directing the complaint back to the broadcaster to be accepted and considered as a formal complaint.
Order: Broadcaster to accept and consider complaint as a formal complaint