An episode of The AM Show featured an interview with Hon. Kelvin Davis regarding the Government’s scheduled series of nationwide Hui with Māori. The programme also discussed legal action taken by prisoners against the Department of Corrections over strip searches, and a short clip of comments by host Duncan Garner on this issue was included in a promo for The AM Show broadcast that evening. A complaint was made that Mr Garner’s comments in relation to the first topic amounted to racist ‘slurs’ against Māori and were dismissive of the Crown’s efforts to fulfil its Treaty obligations, and that the discussion of the second topic trivialised prisoners’ ‘serious abusive treatment’. The Authority did not uphold either aspect of the complaint. The Authority found that, while some of the comments made by Mr Garner could be considered controversial and provocative, this was robust political discourse which carried public interest, and did not go beyond audience expectations. Comments were also made by the other hosts and panel guests which gave a countering view. In this context upholding the complaint would unreasonably restrict the right to freedom of expression.
Not Upheld: Good Taste and Decency, Law and Order, Discrimination and Denigration, Accuracy, Balance
An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified.
Not Upheld: Balance, Accuracy
An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review.
Not Upheld: Accuracy, Fairness
During Breakfast, host Hayley Holt had a conversation with the 1 News US Correspondent about recent school protests in America seeking gun reform. The Authority did not uphold a complaint that Ms Holt’s statement that ‘[w]e, I – here in New Zealand, we think they should ban all guns of course’ was unbalanced and likely to mislead viewers. The Authority found that Ms Holt’s statement was one of generalised opinion and analysis, not a statement of fact. The Authority also noted that this segment solely focused on gun control issues in the USA, not New Zealand, and in this context Ms Holt’s brief comment did not trigger the requirements of the balance standard.
Not Upheld: Accuracy, Balance
An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial.
Declined to Determine: Accuracy
During Hauraki Breakfast, hosts Jeremy Wells and Matt Heath discussed smoking marijuana, in relation to several National Party MPs who had recently publicly stated they had never tried it. The hosts took calls from listeners who had also never tried marijuana and asked them why they had never tried it. The Authority did not uphold a complaint that the broadcast promoted and encouraged the use of marijuana. The Authority found the broadcast amounted to a comedic discussion of smoking marijuana that did not go beyond established audience expectations of Radio Hauraki, Hauraki Breakfast or the hosts. The Authority noted that humour and satire are important aspects of free speech, and found that on this occasion, there was insufficient risk of harm to justify limiting the broadcaster’s right to freedom of expression.
Not Upheld: Law and Order, Children’s Interests
Two items on 1 News reported on extreme weather events in New Zealand, with an item on 8 January 2018 focused on the release of NIWA’s 2017 Annual Report and a 12 January 2018 item reporting on clean-up efforts on the West Coast, following torrential rain and flooding. Brief references were made during these items to the impacts of climate change in New Zealand and particularly on extreme weather events. The Authority did not uphold complaints that these items were inaccurate and unbalanced because climate change was not occurring in New Zealand and the number and intensity of extreme weather events was also not increasing. Given the focus of the items, which was not climate change but the release of the NIWA Report and flooding, the Authority found that the brief references to climate change were not material for the purposes of the accuracy standard, and as such would not have affected viewers’ understanding of the items as a whole. The items reported on newsworthy developments in the general area of New Zealand’s weather and climate and did not ‘discuss’ the issue of climate change, so they did not trigger the requirements of the balance standard. The Authority found that the harm alleged to have been caused in this case, namely a misinformed public, therefore did not outweigh the right to freedom of expression and any limitation on that right was unjustified.
Not Upheld: Accuracy, Balance
During the Saturday Morning programme on RNZ National, Kim Hill interviewed Dr Don Brash about his views on the use of te reo Māori in New Zealand. At one point in the interview Ms Hill put to Dr Brash, ‘Is this a political position on your part? I mean, we know your political position, for example, which says that the government has no responsibility to address the overrepresentation of Māori in negative social stats’. Dr Brash asked Ms Hill when he had said that, to which Ms Hill replied, ‘I’m quoting you. I think it was about seven years ago’. The Authority did not uphold a complaint that Ms Hill’s statement was materially inaccurate. While Ms Hill’s reference to Dr Brash’s views may have been loose or approximate, overall it was not material to listeners’ understanding of the item as a whole, which focused on Dr Brash’s opinion about the use of te reo Māori without translation, particularly in RNZ broadcasting. Further, Dr Brash was given sufficient time during the 32-minute interview to rebut Ms Hill’s statement and to clarify his position. The Authority therefore found that the harm alleged to have been caused by the broadcast did not outweigh the right to freedom of expression in this case.
Not Upheld: Accuracy
An episode of The Project featured an item about several aspects of the gun control debate in New Zealand, including the Police Association’s call to introduce a firearm registry and tighter restrictions on firearm ownership and importation. The Authority did not uphold a complaint that the item was materially inaccurate in relation to the number of firearms being legally imported every year into New Zealand. The Authority also found that it was not misleading to use Police Association survey statistics (rather than NZ Police data) in the broadcast as the source of the statistics was clearly identified. Overall, the Authority was satisfied that the broadcaster made reasonable efforts to ensure the item was accurate and not misleading, so the harm alleged to have been caused by the broadcast did not outweigh the right to freedom of expression in this case.
Not Upheld: Accuracy
A brief item on 1 News discussed a protest in Christchurch against Vero Insurance (Vero) regarding outstanding insurance claims. The item contained footage of the protestors and the newsreader stated that ‘[One of the protestors] says Vero has kept them locked in a virtual prison for seven years.’ The broadcaster upheld a complaint from Vero under the balance and fairness standards, as Vero ought to have been given an opportunity to comment. Vero referred the complaint to the Authority on the basis it was dissatisfied with the action taken by the broadcaster in response to its original complaint, and it also maintained that the accuracy standard was breached. The Authority did not uphold the complaint, finding the statement complained about was a statement of opinion and therefore the accuracy standard did not apply. The Authority considered that a broadcast statement on this occasion would have been disproportionate to the breach, and therefore it did not uphold the complaint that the action taken by the broadcaster was insufficient.
Not Upheld: Balance (Action Taken), Fairness (Action Taken), Accuracy