A One News item reported on a recent study by the University of Otago into the effects of 1080 poison on native robins. The Authority did not uphold the complaint that this breached standards relating to controversial issues, accuracy, fairness and responsible programming. The use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance which has been the subject of ongoing debate, and the item contributed a new development in the debate; viewers could reasonably be expected to be aware of arguments on both sides of the debate, and the programme presented significant viewpoints to an extent that was appropriate given the nature of the issue. The allegedly inaccurate statements were not material to the focus of the item and would not have materially altered viewers’ understanding of the broadcast, and the broadcaster made reasonable efforts to ensure that the item was accurate and did not mislead by interviewing the Professor who conducted the study.
Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming
A One News item reported on the verdict of not guilty in the Ewen McDonald murder trial. At the end of the item the reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media? The reason for that of course is that he’s admitted causing vandalism, graffiti and arson…” The Authority did not uphold the complaint that this breached the law and order, and fairness standards: the item was a legitimate news story with a high level of public interest, and as the accused in a high-profile murder case Mr McDonald could expect to be the subject of media scrutiny; and the reporter’s question did not encourage viewers to break the law or otherwise promote or condone criminal activity.
Not Upheld: Law and Order, Fairness
A One News item reporting on the Leveson Inquiry into the culture, practices and ethics of the British press referred to British Prime Minister David Cameron as “an old mate of John Key’s”. The Authority did not uphold the complaint that this breached the accuracy and fairness standards: the reference to “old mate” in the introduction to the item was not a material point of fact and would not have misled viewers, and the brief comment did not implicate Mr Key in the manner alleged.
Not Upheld: Accuracy, Fairness
During the final episode of MasterChef New Zealand, broadcast at 7.30pm on TV One, the contestants used the words “crapping” and “pissed off”. The Authority did not uphold the complaint that this breached the good taste and decency standard: the language used was low-level and would not have offended most viewers in the context of a PGR programme.
Not Upheld: Good Taste and Decency
Two items on Checkpoint, broadcast on Radio New Zealand National, discussed the results of a recent “clamp down” on drug-taking truck drivers in New Zealand and Australia. The items included interviews with the CEO of the Australia New Zealand Policing Advisory Agency and with a representative of First Union, the union for road transport workers. The Authority did not uphold the complaint that the items breached the controversial issues standard: consideration of whether drug-taking by truck drivers is a widespread problem in New Zealand, and the implications for road safety, did not amount to a discussion of a controversial issue of public importance – at this stage it is not an issue that has been widely discussed or debated publicly – but the broadcaster nevertheless provided some balance in the items.
Not Upheld: Controversial Issues
When the hosts of the Willie and JT Show were discussing an industrial dispute at the Ports of Auckland, one host expressed his support for the striking workers by saying, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action.” The Authority did not uphold the complaint that these comments breached the law and order and responsible programming standards: the comments amounted to the host’s vehemently expressed opinion and listeners would not have taken them seriously; the broadcast did not encourage listeners to engage in unlawful activity, taking into account the host’s later retractions and other contextual factors; and upholding a complaint about high value protest speech like this would unjustifiably restrict freedom of expression. The complaint about responsible programming was subsumed into consideration of law and order.
Not Upheld: Law and Order, Responsible Programming
During the Willie and JT Show on Radio Live the hosts discussed the recent sentencing of the ‘Urewera Four’, comparing their treatment to that of the complainant who was discharged without conviction after being found guilty of similar charges. The complainant phoned in to the programme and explained the background to his case but after the phone call had finished the hosts called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter”. The Authority upheld the complaint that this breached the fairness standard: the hosts’ comments amounted to personal abuse and the complainant was unable to defend himself as the phone call had ended. The Authority did not uphold the complaint that the comments breached the controversial issues standard: though the broad focus of the item was a controversial issue of public importance, the item did not amount to a “discussion” of that issue but presented the hosts’ opinions; and the broadcaster had made reasonable efforts, and given reasonable opportunities, to present significant viewpoints, by allowing the complainant on air.
The Authority made no order.
Upheld: Fairness
Not Upheld: Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming
No Order
An item on Close Up, a current affairs programme broadcast on TV One, reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement. The item profiled an ex-congregation member, X, who claimed she had made substantial donations to the church which left her in a position of financial hardship. The item contained hidden camera footage of a Bishop and Pastor preaching to a large audience about tithes and donations. The Authority did not uphold complaints that the item breached standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming. Though X was identifiable and the item disclosed private facts about her, she was a willing participant and there was insufficient evidence to show she had withdrawn her consent to the broadcast. The Bishop and the Pastor were identifiable in the hidden camera footage but they did not have an interest in seclusion in a church service that was open and accessible to the general public; in any event the public interest defence applied. The item was clearly framed as X’s opinion and included opinions from members in support of the church. UCKG was provided with a fair and reasonable opportunity to comment and its statement was adequately summarised in the item. The item did not amount to a “discussion” of a controversial issue, and in any event the broadcaster made reasonable efforts, and gave reasonable opportunities, to present significant viewpoints. The comments did not carry the level of invective necessary to encourage discrimination against, or the denigration of, any section of the community.
Not Upheld: Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming
In a segment called “The Olympic Athletes Hall of Names” on the Jay-Jay, Mike and Dom Show, broadcast on The Edge, the hosts joked about the names of athletes, including athletes from China, South Korea and Australia. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, discrimination and denigration, and responsible programming: the comments were a light-hearted attempt at humour and the focus was on the athletes’ names, not their nationalities; the comments did not carry any invective or encourage discrimination against, or the denigration of, any section of the community; and they were not socially irresponsible.
Not Upheld: Good Taste and Decency, Discrimination and Denigration, Responsible Programming
An item on Sunday contained an interview with a man about the fate of his wife who died in the Christchurch earthquake of February 2011, while trapped inside the CTV building. The item showed a sequence of photographs as the reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped?” The Authority did not uphold the complaint that the photographs were inaccurate and misleading because they were allegedly not taken on the day of the earthquake: they were used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used and would not have misled viewers in any significant respect when taken in context.
Not Upheld: Accuracy