BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

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.

The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants. The individuals referred to were either deceased (so the privacy standard could not apply) or lived overseas, making it difficult to assess the harm that could have been caused. The discussion was ultimately hypothetical and was not intended to be taken literally. The Authority noted that the right to freedom of expression comes with responsibilities by those who exercise it, and it is clear that this broadcast caused offence and significant division within the Sikh community in New Zealand. On this occasion, however, the Authority could not uphold the complaints based on the particular standards raised.

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

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 upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English. The Authority did not make any orders.

Upheld: Fairness. Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy. No Order.

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.

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

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

During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society. This was reflected in recent research undertaken by the Authority, which found that the level of unacceptability for some blasphemies was decreasing among the members of the public who were surveyed. Overall, the Authority considered the broadcast of this language did not cause harm to an extent which justified limiting the right to freedom of expression, and did not uphold the complaint.

Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration  

An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor. The Authority also upheld the complaint that the host’s statement that the SWDC ‘get a cut of the profits’ from the gambling machines was inaccurate, as the SWDC do not directly receive any percentage of the profits.

Upheld: Balance (Action Taken), Fairness (Action Taken), Accuracy. Order: Section 13(1)(a) broadcast statement.

An item on Morning Report reported that, over the past ten years, reported firearm theft has increased by 35%, and through the comments of three interviewees considered whether the increase of firearm theft is related to issues around their safe storage and registration. The Authority did not uphold a complaint that the item breached standards of balance and fairness. The Authority found the item provided sufficient balance through multiple alternative points of view that enabled listeners to form their own opinion on the topic. The fairness standard cannot be applied to licenced firearm owners as they are not an ‘organisation’ for the purposes of the standard.

Not Upheld: Balance, Fairness