The Authority declined jurisdiction to accept and consider a complaint referral about a video uploaded to video-sharing website platform YouTube, which featured clips from a broadcast of The Project. The Authority noted that its jurisdiction, which is prescribed under the Broadcasting Act 1989, is limited to consideration of formal complaints about television and radio broadcasts. In this case, the complainant was concerned about content uploaded to YouTube and edited by a third party. The content of the video predominantly comprised commentary by that third party. The Authority therefore did not have jurisdiction to accept and consider the complaint referral.
Declined Jurisdiction
On 13 March 2018, an item on Newshub reported on allegations of sexual assault and harassment at a Young Labour camp. The item included photos of the camp attendees, sourced from public social media accounts, with no masking or blurring. The Authority upheld a direct privacy complaint from IY, who was featured in the photos, that this item breached their privacy. The Authority noted the value of the broadcast in reporting on the response of the Labour Party to the allegations, but emphasised the high level of potential harm that could be caused to the individuals involved. The Authority found that, while the photos were available in the public domain at the time of broadcast (they were removed from social media platforms following the allegations being made public), they were shown during a story reporting on alleged sexual assault, which changed the quality of the information and the context in which the photos were made available to the public. The complainant had a reasonable expectation of privacy over their image in this context, and the disclosure of their image, in connection with the allegations reported on, caused significant distress and was highly offensive. The Authority commented that care needed to be taken by broadcasters when using social media content, particularly in sensitive circumstances.
Upheld: Privacy. Orders: Section 13(1)(d) $3,000 privacy compensation; Section 16(4) $2,000 costs to the Crown.
The Authority has not upheld a complaint that the use of the term ‘disputed’ in a Newshub item, to describe the land the United States (US) Embassy sits on in East Jerusalem, breached the accuracy standard. The broadcast covered a recent protest in Gaza over the opening of the US Embassy in Jerusalem and the US calling Jerusalem the capital of Israel. The Authority noted that the accuracy standard requires only that the broadcaster make ‘reasonable efforts’ to ensure the accuracy of the broadcast. In this case, the reporter used the term ‘disputed’ in the ordinary sense of the word, to identify the US Embassy’s location, which is the subject of dispute between Palestine and Israel. The Authority acknowledged the importance of terminology when reporting on the Israel-Palestine conflict, particularly when describing the status of the land that was the subject of this broadcast. However, on this occasion, the Authority considered that, while the term ‘disputed’ was not the most appropriate term available, it was not inaccurate to the extent requiring the Authority to intervene and uphold the complaint. The Authority noted that when locations of political and historical significance are described, broadcasters should endeavour to use terms adopted by internationally recognised organisations such as the UN.
Not Upheld: Accuracy
An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair. It was important, in the interests of ensuring viewers were properly informed and were not misled, for the broadcaster to have provided alternative perspectives on the issue of legal costs, namely that MFAT denied payment of the complainant’s costs. Further, it should have been made clear to viewers that a legal expert featured in the item did not have specific knowledge of the complainant’s case and was commenting only generally on the applicable law. The Authority noted the public interest in this item and the efforts made by the broadcaster to protect the identities of those involved, and did not uphold the complaint under the remaining standards.
Upheld: Accuracy, Fairness, Balance.
Not Upheld: Privacy, Children’s Interests, Programme Information.
No Order.
An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him. The majority of the Authority did not uphold the complaint, finding that the broadcaster made reasonable efforts to ensure the accuracy of the broadcast and that the complainant was given a fair and reasonable opportunity to respond to the allegations. The majority recognised the high public interest in the item, which reported on an important issue to New Zealanders, and the essential role of investigative journalism in exposing this type of conduct to the public. The minority view was that, while the issue of cash for job work scams was an important story to be told, there was insufficient evidence available to the reporter to identify GL as an example of a cash for job scam. These were serious allegations that had the potential to significantly damage the complainant’s reputation, and the story’s important message about the rise of such scams could have been conveyed without identifying him. The Authority was unanimous in its decision to not uphold the remaining aspects of the complaint.
Not Upheld by Majority: Fairness, Accuracy.
Not Upheld: Privacy, Balance, Law and Order.
A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community.
Not Upheld: Discrimination and Denigration
The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion.
Not Upheld: Accuracy, Balance, Law and Order, Discrimination and Denigration, Privacy, Fairness
Over two evenings, on 20 and 21 January 2018, Newshub reported on the delayed launch of a rocket from the Māhia Peninsula, due to a boat being in the exclusion zone around the launch site. The first item strongly implied that Hastings District Councillor Damon Harvey was responsible for the delayed launch, referring to a tweet, featuring a photo of the launch site, that the reporter said was tweeted by Mr Harvey ‘around the same time’ as the launch delay. The second item included a short comment from an interview with Mr Harvey. The Authority found parts of these broadcasts were inaccurate and misleading, and were unfair to Mr Harvey. The broadcaster relied on social media content as a basis for the story without taking reasonable steps to inform the complainants of their contribution to the programme, or to verify that the content was what the reporter claimed. As a result, viewers were misled about who was responsible for the launch delay. Mr Harvey’s interview comments were also edited in a way that was misleading and unfair, so he was not given a fair and reasonable opportunity to respond to the story.
Upheld: Accuracy, Fairness. Orders: Section 13(1)(a) broadcast statement on air, online and in print; Section 16(1) $2,000 legal costs to complainant; Section 16(4) $1,000 costs to the Crown
The Authority upheld a complaint under the accuracy standard about an item on 1 News, which discussed the Auckland Council’s vote on the draft proposal for the Auckland Regional Fuel Tax (the Tax). The Authority found the segment, through the omission of key information about the ongoing consultation and the presenter’s use of the terms ‘green light’ and ‘done deal’, was likely to mislead viewers into thinking the proposal voted on by the Council was final and that there was no further period of public consultation. The importance of keeping audiences informed on issues of public and political significance was emphasised by the Authority. The Authority did not uphold the complaint under the balance standard, finding the item achieved balance through the presentation of a wide range of views from politicians and members of the public who were for and against the implementation of the Tax.
Upheld: Accuracy. Not Upheld: Balance
No Order
The Authority has not upheld a complaint that a discussion on Breakfast, about controversial comments made by Israel Folau, was in breach of the balance broadcasting standard. During the discussion, weather reporter, Matty McLean, gave his opinion on the comments, saying that he found them to be harmful. The Authority recognised that Mr Folau’s comments sparked ongoing public debate about the right to freedom of expression and harm. The discussion on Breakfast therefore amounted to discussion of a controversial issue of public importance under the standard. However, the Authority considered Mr McLean was clearly expressing his opinion on the issue and was entitled to do so, given Breakfast’s well-established programme format which includes the hosts expressing their views on current events. Differing perspectives on the topic were also available in surrounding media, so viewers could reasonably be expected to be aware of the significant points of view on this issue. For these reasons, the Authority considered that upholding this complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression.
Not Upheld: Balance