BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

The Authority has not upheld a complaint that allowing an interviewee to wear what appeared to be a keffiyeh during an interview about the government’s introduction of new ‘move-on’ orders breached the offensive and disturbing content, discrimination and denigration, balance, and fairness standards. The Authority found broadcasting the interviewee wearing this garment would not have caused widespread disproportionate offence or distress, or have had the effect of encouraging discrimination against, or denigration of, Jewish people. It noted, if the garment was in fact a keffiyeh, the keffiyeh is not an anti-Semitic symbol, nor is showing support for Palestinians anti-Semitic. The balance and fairness standards did not apply.

Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Fairness

The Authority has not upheld a complaint that a segment of Seven Sharp misrepresented the seriousness of coeliac disease. The segment, which was focused on the benefits and risks of being part of clinical trials to test new medicines, briefly showed a sign saying, ‘Coeliac Disease Leaving You Bloated?’, with an image of a puffer fish, and noted those suffering from ‘bloat’ might consider signing up for a trial. The complainant considered comparing coeliac disease to ‘a bit of bloat’ was inaccurate and unbalanced. The Authority noted the broadcast did not describe the disease as ‘a bit of bloat’. The fleeting references to bloating as a symptom of coeliac disease were not material to the segment and would not have misled the audience to believe it was the only symptom, or the most serious symptom, of the disease. The balance standard did not apply.

Not Upheld: Balance, Accuracy

The Authority has not upheld a complaint that action taken was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the statement, ‘[Trump and] his fervent love of supporting Israel. The people, that by design, the genocidal maniacs.’ The Authority agreed with the broadcaster’s finding that the comment had the potential to encourage discrimination against, or denigration of, Israeli people. It found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel the host on the importance of exercising care when discussing political matters and ensuring sections of the community are treated with respect and dignity, was sufficient in the circumstances.

Not Upheld: Discrimination and Denigration (Action Taken)

The Authority has not upheld a complaint that a broadcast of highlights from the ASB Classic tennis tournament breached the offensive and disturbing content standard. The broadcast showed a player courtside at her players’ bench, bending over her racket bag while wearing (what appeared to be) a tennis skort. The player’s skirt lifted on a few occasions, during which the skort’s built-in shorts were at least partially visible. The camera was stationed behind the player and slowly zoomed in. The Authority found the broadcast was unlikely to cause widespread disproportionate offence or undermine widely shared community standards. The clip did not show anything of an inappropriate or intimate nature and was not gratuitous. Broadcasts of professional tennis matches frequently feature footage of players courtside after matches. While the timing of the zoom was unfortunate, the Authority did not consider it was invasive.

Not Upheld: Offensive and Disturbing Content

The Authority has not upheld a complaint that an episode of Wild Kai Legends breached the promotion of illegal or antisocial behaviour standard. The complainant submitted the pig-hunting techniques shown in the programme were not in line with good practice and may have constituted mistreatment under the Animal Welfare Act 1999. They considered showing such techniques to a likely viewership of hunting enthusiasts would encourage them to hunt in a similar way. The Authority considered, from the footage shown, there was nothing to indicate the techniques were a significant departure from generally recommended practice, nor that the pigs were subjected to undue cruelty. In any event, the broadcast could not be said to be actively encouraging or promoting the particular techniques or style of hunting.

Not Upheld: Promotion of Illegal or Antisocial Behaviour.

The Authority has not upheld a complaint about a Checkpoint item reporting on concerns from Auckland florists about changes to the operation of the city’s major flower supplier, United Flower Growers (UFG). UFG complained the report inaccurately stated all florists had elected to remain anonymous, was unfair to UFG by inadequately reflecting its response to the concerns raised, and was unbalanced, in breach of the accuracy, fairness and balance broadcasting standards. The Authority found it was not materially inaccurate to say all florists elected to remain anonymous, and UFG was given a fair and reasonable opportunity to comment for the broadcast, satisfying the requirements of the fairness and balance standards.

Not Upheld: Balance, Accuracy, Fairness

The Authority has not upheld a complaint that commentary during live coverage of a Black Caps test match amounted to socially irresponsible alcohol promotion, in breach of the promotion of illegal or antisocial behaviour standard. The subject of alcohol purchase and consumption did not comprise most of the segment. Aside from commentator Scotty Stevenson stating he was ‘all for […] casually deleting a bunch of tins’, the discussion did not explicitly reference alcohol consumption. Any inferences that could be made about alcohol consumption were not antisocial and did not amount to advocacy of excessive alcohol consumption. The balance and privacy standards either did not apply or were not breached.

Not Upheld: Promotion of Illegal or Antisocial Behaviour, Balance, Privacy

A majority of the Authority has not upheld a complaint that comments made by the host of The Chase New Zealand, Paul Henry, breached the discrimination and denigration standard. When a contestant told Henry she would spend any prize money on a trip to the Taj Mahal in India, Henry said ‘You’ve got to be so careful what you eat,’ and that several of his friends had ‘exploded’ in the Taj Mahal, where it is ‘very hard to find a bathroom’. Later in the episode, Henry said, ‘$45,000, Taj Mahal, you can buy a lot of wet wipes with that.’ The complainant said the comments had the potential to encourage discrimination against India and Indian people, through reinforcing harmful racial stereotypes that India (and, by association, Indian people) are dirty and unhygienic. While acknowledging the complainant found the comments offensive, a majority of the Authority found the comments appeared intended as a humorous anecdote focussed on Henry’s friends’ unfortunate travel experiences, and could not be said to implicitly refer to, or target Indian people in this way. A minority considered the comments did reinforce negative stereotypes about Indian people.

Not Upheld by Majority: Discrimination and Denigration

The Authority has upheld complaints that a 1News item about the arrest of the suspect in the shooting of conservative activist Charlie Kirk, breached the accuracy standard in its reporting of comments made by President of the United States Donald Trump. In its introduction, the report stated, ‘[W]hen the President was asked what he’d do to unite the country after this tragedy, he said, “I couldn’t care less,” blaming the radical left, and vowing to go after political violence.’ This was accompanied by a large banner with a photograph of Trump and the words, ‘I couldn’t care less.’ While the broadcaster indicated it was their genuine interpretation of the comments, the Authority found this was inaccurate, as Trump actually said, ‘Well, I’ll tell you something that’s gonna get me in trouble, but I couldn’t care less.’ An excerpt of the interview where Trump made this statement was shown later in the broadcast, but the Authority did not consider this resolved the inaccuracy. Other aspects of the complaints, including under the fairness and balance standards, were not upheld.

Upheld: Accuracy

Not Upheld: Balance, Fairness

Order: Section 13(1)(a) – broadcast statement

The Authority¹ has not upheld a complaint about a 1News item reporting on the Government’s proposed reform of the Retirement Villages Act 2003. The complainant alleged the segment was unbalanced for not explaining changes to payments in connection with the sale of vacated units will only be applied to new retirement village residents, and not current residents. The Authority found the broadcast provided significant perspectives regarding the proposed reform and did not purport to provide a comprehensive examination of the Government’s proposed changes.  In addition, the standard allows for balance to be achieved over time within the period of current interest, and the broadcaster had covered the issue of impacts on existing residents in reports the next morning.

Not Upheld: Balance