The Authority has upheld a complaint that a promo for The Shallows shown during Finding Dory breached the children’s interests standard. The Authority found that the promo, which featured sinister and scary shark related content, was inappropriate for a child audience which would likely have been disturbed or alarmed by it. The Authority noted the importance of scheduling and editing promos for AO programmes appropriately, taking into account the classification of the host programme, and also the time of broadcast, target and likely audience of the host programme, and audience expectations. In considering the contextual factors, the Authority also found that the promo did not meet the G classification of the host programme. The Authority made no orders, and determined that the publication of the decision was sufficient to publicly notify and remedy the breach and would provide appropriate guidance to the broadcaster and to broadcasters generally.
Upheld: Children’s Interests. No order.
The Authority has not upheld a complaint that comments made by Duncan Garner and Judith Collins on The AM Show breached the balance and law and order standards of the Radio Code of Broadcasting Practice. The Authority found that the comments identified did not amount to a discussion of a controversial issue of public importance, so the balance standard did not apply. The Authority also found that the broadcast did not breach the law and order standard as it did not contain any content which would have encouraged audiences to break the law.
Not Upheld: Balance, Law and Order
The Authority has upheld a complaint about two broadcasts on Humm FM, finding that the complainant was treated unfairly. The Authority found that comments made by the host during the broadcasts were likely to reflect negatively on the complainant and to impact on his personal and professional reputation. As the complainant was adversely affected, he should have been given an opportunity under the fairness standard to respond to the comments made about him. The Authority emphasised that the right to broadcast carries with it privileges and responsibilities, and in this case the host used his platform to air his personal grievances against the complainant without giving him an opportunity to comment, which was unfair. The Authority did not uphold the complaint under the privacy standard, finding that while the complainant may have been identifiable to the Hindi community to which these broadcasts were targeted, no private information or material about him was disclosed.
Upheld: Fairness. Not Upheld: Privacy
Order: Section 16(4) – $750 in costs to the Crown
Warning: This decision contains content that some readers may find distressing.
On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied. The Authority also did not uphold a complaint that the good taste and decency, children’s interests and violence standards were breached. The Authority found that there was sufficient signposting by the broadcaster of the nature of the event being reported on to enable audiences to make informed choices as to whether they, or children in their care, should watch the coverage. The Authority held that the footage of the victims (which illustrated the gravity of the situation) was justified in the public interest.
Not Upheld: Privacy, Good Taste and Decency, Children’s Interests, Violence
Warning: This decision contains content that some readers may find distressing.
Following the 15 March 2019 attacks on two mosques in Christchurch, 1 News at 6pm twice broadcast an edited clip taken from the alleged attacker’s 17‑minute livestream video. The Authority did not uphold a complaint that the broadcast was in breach of the good taste and decency and violence standards. The content of the clip, and the broadcast as a whole, was newsworthy and had a high level of public interest. The very brief clip was an edited segment of the livestream video which provided information to audiences, but which did not contain explicit graphic or violent content and did not promote or glorify the actions of the attacker. Specific warnings and extensive signposting ensured audiences were sufficiently informed about the disturbing nature of the content. Taking into account the unprecedented nature of these attacks in New Zealand, the Authority found that the alleged harm did not outweigh the important right to freedom of expression and the high level of public interest in the broadcast. The Authority’s intervention in upholding the complaint would therefore represent an unreasonable or unjustified limit on the right to freedom of expression.
Not Upheld: Good Taste and Decency, Violence
A complaint about the use of the alleged mosque attacker’s name during a 1 News report was not upheld. The Authority found that in the context of the item the single use of the name and the broadcast’s limited reference to violence did not breach the violence standard.
Not Upheld: Violence
Warning: This decision contains content that some readers may find distressing.
During coverage of the 15 March 2019 attacks on two mosques in Christchurch, SKY Network Television channel 085, Sky News New Zealand, included a number of edited clips taken from the alleged attacker’s 17‑minute livestream video. The Authority upheld a complaint that the broadcast was in breach of the violence and law and order standards. While the broadcast as a whole was newsworthy and had a high level of public interest, the clips themselves contained disturbing violent content, which had the potential to cause significant distress to members of the public, and particularly to the family and friends of victims and the wider Muslim community in New Zealand. In the context of the attacks, the content of these clips also risked glorifying the alleged attacker and promoting his messages. As such, the degree of potential harm that could be caused to audiences was greater than the level of public interest, and the Authority found overall that these clips, in the form broadcast, should not have been aired.
Upheld: Violence, Law and Order; Declined Jurisdiction: Balance, Accuracy, Fairness
Order: Section 16(4) – $4,000 in costs to the Crown
A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying. Finally, the Authority found the broadcast was likely to mislead audiences by giving the impression that HDC had a systemic culture of bullying, through the absence of the presentation of alternative perspectives, and upheld the complaint under the accuracy standard.
Upheld: Fairness (Action Taken), Balance, Accuracy
Order: Section 13(1)(a) broadcast statement
The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply. The merits of the End of Life Choice Bill is a controversial issue of public importance but the focus of this discussion was on the discrete topic of Mr Seymour’s political motivations and the alleged influence of ACT party donors. The Authority also found the discrimination and denigration standard did not apply as the standard does not apply to individuals or organisations.
Not Upheld: Fairness, Balance, Discrimination and Denigration
During a segment on The AM Show, host Duncan Garner referred to an individual as a ‘woolly woofter’. A complaint that the use of this term breached broadcasting standards, as it was homophobic and offensive, was not upheld. The Authority found that, while some viewers may have found the term inappropriate or offensive, the use of the term was unlikely to cause widespread undue offence or seriously violate community norms. In the context of the programme, upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression.
Not Upheld: Good Taste and Decency, Discrimination and Denigration, Law and Order