The Authority has not upheld a complaint that statements made during Uncharted with Sam Neill were inaccurate. A complaint was made that host Sam Neill and an interviewee during the programme implied that missionaries primarily came to New Zealand for the purpose of acquiring land, which was misleading and misrepresented their good work. The Authority considered that the programme was clearly framed from the outset as a chance for untold or unexplored stories and perspectives to be expressed. In these circumstances, the Authority found that the statements complained about were clearly distinguishable as analysis, comment or opinion and were therefore not subject to the requirements of the accuracy standard. The Authority’s intervention in upholding the complaint would therefore represent an unreasonable and unjustified limit on the right to freedom of expression.
Not Upheld: Accuracy
The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera. Further, the broadcaster complied with its obligations under the fairness standard, providing the complainants with sufficient information about the nature of the broadcast and X’s participation, and a fair and reasonable opportunity to comment in response to the issues raised by the programme. Finally, the Authority found that the broadcast accurately and fairly portrayed the nature of the conversation between X and Jay, and the support and services being offered to him.
Not Upheld: Privacy, Fairness, Accuracy
The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression.
Not Upheld: Balance, Accuracy
The Authority has not upheld a complaint that an episode of Breakfast, in which the phrase ‘he rooted my missus’ was read out on air, breached the good taste and decency standard. The Authority found that while the phrase was coarse and may have offended some viewers, the term ‘rooted’ was unlikely to undermine or violate widely shared community norms. Overall, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression.
Not Upheld: Good Taste and Decency
The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one‑on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals. However, in this case the Authority recognised the legitimate public interest in the issue of gay conversion therapy in New Zealand, and the role of investigative journalism in disclosing issues such as this to the New Zealand public. The Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera and therefore did not uphold the privacy complaints.
Not Upheld: Privacy
The Authority did not uphold a complaint about a comment made by business commentator, Rod Oram, during a segment on Nine to Noon. The Authority found that Mr Oram’s view as to the effectiveness of a former Chair of a seed business was an opinion that is not subject to the accuracy standard.
Not Upheld: Accuracy
The Authority has declined to determine a complaint that an individual on The Panel should not have been on the programme due to ‘corrupt practices’ and therefore the broadcast was inaccurate. The Authority found that the arguments raised in the complaint had no direct correlation to the standard raised.
Declined to Determine: Accuracy
The Authority found it had no jurisdiction to determine a complaint about advice provided to a listener on Your Money with Mary Holm, because the complaint did not explicitly or implicitly identify any broadcasting standards breached by the broadcast.
Declined Jurisdiction
An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole. The Authority did not consider that the broadcast created an unfairly negative impression of the complainants and, as they were unlikely to be adversely affected by the broadcast, their comment was therefore not required to be included in order for them to be treated fairly. Overall, the Authority did not consider the harm alleged by the complainants outweighed the right to freedom of expression, and its intervention in upholding the complaint would therefore be unreasonable and unjustified.
Not Upheld: Accuracy, Fairness
Warning: This decision contains language that some readers may find offensive
During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective. The Minister herself acknowledged that she could have enunciated the word ‘hunters’ more clearly during the interview and apologised for any offence it caused. Overall, the Authority found that the use of this term, in the particular context, did not meet the threshold tests for breach of the relevant standards.
Not Upheld: Good Taste and Decency, Discrimination and Denigration