BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

The Authority has not upheld complaints under the accuracy, balance, and fairness standards regarding an item on 1 News reporting on the global economy. The item referred to the National Party’s tax policy and included comments from both the Leader of the Opposition Christopher Luxon MP and Rt Hon Jacinda Ardern. The complainants considered the report’s editing of comments misled the audience to ‘think that PM Jacinda Ardern thinks financial discipline is not right nor good for New Zealand’. The Authority did not consider a reasonable viewer would be left with this impression. The balance and fairness standards were not breached.

Not upheld: Accuracy, Balance, Fairness

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach. The Authority also found the segment was not sufficiently offensive to breach the offensive and disturbing content standard; the complainant’s concerns under the children’s interests standard were better dealt with under fairness; and the discrimination and denigration standard did not apply.

Not Upheld: Fairness (Action Taken), Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration

The Authority declined to determine a complaint an item on 1 News reporting on the New Zealand economy breached the accuracy standard. The complainant considered the focus of the item should have been on GDP growth, but was instead framed around wealth inequality, and was otherwise misleading through the omission of other details. The Authority considered these were issues of personal preference and editorial discretion, which cannot be resolved through the complaints process.

Declined to Determine (section 11(b) of the Broadcasting Act 1989 in all the circumstances the complaint should not be determined): Accuracy

Warning — This decision contains references to sexual violence.

The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate. As the complainant’s concerns under fairness centred on the inaccuracies, the standard was also not breached.

Not Upheld: Accuracy, Fairness

The Authority has not upheld a complaint an item on 1 News concerning the deaths of over 125 people at Kanjuruhan Stadium in Indonesia breached the balance and accuracy standards. The complainant alleged it was offensive and careless to compare this tragedy to the 1989 Hillsborough disaster, as in Hillsborough the ‘fans played no role in causing the disaster.’ The Authority found the balance standard did not apply as the broadcast’s mention of other disasters at football stadiums did not constitute a ‘discussion’ for the purposes of the standard. It did not uphold the complaint under the accuracy standard as it was not misleading to suggest Hillsborough was one of football’s worst tragedies.

Not Upheld: Balance, Accuracy

The Authority has not upheld a complaint that a segment of Overnight Talk breached the discrimination and denigration, offensive and disturbing content, and fairness standards. A caller to the show advised the host he believed Russia was acting in ‘the least violent way possible’ in its invasion of Ukraine, to which the host responded heatedly, referring to the caller’s opinion as ‘stupid’ and ‘bullshit’. The Authority was satisfied the language used amounted to low-level language, and the host’s comments, while potentially seen as disrespectful by some, did not reach the level necessary to constitute unfair treatment. The discrimination and denigration standard did not apply as the comments were directed at the caller as an individual.

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

A promo for Comedy Gala aired during the programme Newshub Live at 6pm, stating ‘Prepare your pelvic floor, as you run the risk of wetting yourself.’ The Authority did not uphold a complaint this statement breached the offensive and disturbing content, children’s interests and discrimination and denigration standards. It found the statement was a light-hearted joke directed at people generally, rather than just women as alleged by the complainant, and was suitable for a PG-rated environment. It further found the joke would not have encouraged the denigration of, or discrimination against women.

Not Upheld: Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration

The Authority has not upheld a complaint two items on 1 News reporting on a political poll and interviewing several New Zealanders on the street breached multiple broadcasting standards. The complainant alleged the proportion of people interviewed was not an accurate or balanced representation of the political mood of the country, which was unfair to political parties, and certain comments constituted discrimination and denigration, or were inaccurate or unfair. The Authority held it was not a breach of broadcasting standards to feature ‘vox-pop’ interviews in proportions that do not match current political polling, and the standards either did not apply or were not breached in relation to other issues raised by the complainant concerning the broadcast.

Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached.

Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness

The Authority has upheld a complaint about an item on Newshub Live at 6pm that discussed the alleged misuse of public funds for safety improvements at a greyhound racetrack. The complainant alleged the programme did not present a balanced view of the issue and misled the audience on key facts regarding what action was taken at the raceway. The Authority found the item was presented in a way that favoured the perspectives of those critical of the racing club’s actions, without giving reasonable opportunities to provide balance from the other side of the story. The Authority also found that a collection of factual errors in the item meant, overall, viewers were materially misled.

Upheld: Balance, Accuracy