Overgrown, on Otago University’s Radio One station, is a weekly radio show advocating cannabis law reform. A host referred to a phone call from a general practitioner and commented on the views he allegedly expressed about a purported link between cannabis use and schizophrenia. The Authority declined to uphold the complaint that the broadcast breached standards relating to law and order, controversial issues, accuracy, fairness and responsible programming. The programme’s promotion of cannabis use was in the spirit of protest and to promote law reform – challenging particular laws is a vital component of freedom of expression; the show was opinion-based, putting forward a particular viewpoint, and was not a “factual programme", so the controversial issues and accuracy standards did not apply; the complainant was not named and unlikely to be identified; and the hosts highlighted responsible use.
Not Upheld: Law and Order, Controversial Issues, Accuracy, Fairness, Responsible Programming
A promo for Comedy Convoy, a documentary series on performances by stand-up comedians, was broadcast during Home and Away on TV3 at 12.48pm. It included a female comedian stating, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, children’s interests and responsible programming. The comment was clearly intended as a joke and was broadcast in the middle of the day during the school term; the promo was broadcast during Home and Away, a programme not targeted at children, and the promo was correctly rated G and screened in an appropriate timeslot.
Not Upheld: Good Taste and Decency, Children’s Interests, Responsible Programming
During The Edge Morning Show one of the hosts performed a parody of a song, and later read out a listener’s text message which said, “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, accuracy, and discrimination and denigration. Given contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression; the programme was not a news, current affairs or factual programme to which the accuracy standard applied; and the content of the text message was directed at the host’s song and not against homosexuals as a section of the community.
Not Upheld: Good Taste and Decency, Accuracy, Discrimination and Denigration
One News election coverage showed a graphic “Election 2011” logo which included a blue box with a white tick mark. The Authority declined to uphold a complaint that the colour of the logo influenced people to vote for the National Party, in breach of the controversial issues standard. Use of the logo did not amount to a discussion of a controversial issue and the broadcaster was entitled to editorial discretion in the use of standard graphics.
Not Upheld: Controversial Issues
A documentary Real Crime: Broken Promises, Broken Brides, broadcast on TV One, investigated the abuse of foreign brides in New Zealand. It profiled a Malaysian woman who had died of a methadone overdose nine years earlier and interviewed her New Zealand husband, the complainant, who was convicted of her manslaughter. The Authority declined to uphold the complaint that the programme breached the accuracy and fairness standards. The programme did not create a misleading impression that the complainant had intended to murder his wife, the reporter clearly stating that the complainant was convicted of manslaughter; the complainant’s perspective was included; the programme was accurate and would not have misled viewers; and the complainant was provided with a sufficient opportunity to give his perspective in two interviews and the interviews were not unfairly edited.
Not Upheld: Accuracy, Fairness
Afternoons with Jim Mora, broadcast on Radio New Zealand National, included a panel discussion about the National Party’s welfare reform policy. The Authority declined to uphold the complaint that the broadcast breached the controversial issues and accuracy standards. The New Zealand welfare system, including welfare reform, amounted to a controversial issue of public importance, the broadcaster had made reasonable efforts to present significant viewpoints, and as the issue was ongoing listeners could reasonably be expected to be aware of alternative viewpoints. The panellist’s statements were his personal comment and opinion and therefore exempt from standards of accuracy under guideline 5a.
Not Upheld: Controversial Issues, Accuracy
An item on TV3’s Nightline reported on controversial comments made by British television presenter Jeremy Clarkson that striking workers should be shot. The Authority declined to uphold the complaint that the broadcast breached standards relating to law and order, discrimination and denigration, and violence. The item was a straightforward news report about Mr Clarkson’s comments, and broadcasting the comments did not encourage viewers to break the law; nor did it encourage denigration of or discrimination against a section of the community; and the item contained no violence.
Not Upheld: Law and Order, Discrimination and Denigration, Violence
An item on One News reported on the private funeral of prominent New Zealand businessman Allan Hubbard. The Authority declined to uphold the complaint that the footage filmed outside the private church ceremony, and the footage of Mrs Hubbard in particular, breached standards relating to privacy, good taste and decency, fairness, and responsible programming. While Mrs Hubbard and the other people shown were identifiable, no private facts were disclosed, they were filmed in a public place, and those shown were not particularly vulnerable. The footage formed part of an unclassified news programme, and filming was non-intrusive and respectful and would not have offended or distressed viewers.
Not Upheld: Good Taste and Decency, Privacy, Fairness, Responsible Programming
A political discussion was broadcast during Nine to Noon on Radio New Zealand National. The complaint was that the broadcast breached standards relating to controversial issues, fairness, and discrimination and denigration; in particular, the complainant considered that one of the participants had made a personal attack on the leader of the Labour Party, Phil Goff. The Authority considered the complaint under the fairness standard (the standard most relevant to the complainant’s concerns) and declined to uphold it: the broadcast was a classic example of robust political commentary close to an election, the scrutinising of politicians and public figures is a vital component of freedom of expression, and the comments about Phil Goff were not “abusively personal”.
Not Upheld: Fairness
An episode of reality television series Date My Ex on TV3 contained brief footage of two people drinking. The complaint was that the programme made drinking alcohol look like a game and also showed people playing poker, in breach of standards relating to good taste and decency, responsible programming and liquor, as well as children’s interests. The Authority declined to uphold the complaints on the grounds that the presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised; the programme was correctly rated PGR and did not contain any material which warranted a higher rating of AO; and the content would not have offended the majority of viewers.
Not Upheld: Good Taste and Decency, Responsible Programming, Children’s Interests, Liquor