BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

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

Warning: This decision contains language and themes that some readers may find offensive.

National Treasure is a four-episode fictional mini-series telling the story of a famous comedian’s life falling into chaos following allegations against him of historical sexual abuse. The Authority did not uphold a complaint that the use of the word ‘fuck’ in the first two episodes, or a conversation about oral sex in the first episode, breached the good taste and decency or children’s interests standards. The Authority acknowledged that some viewers may find this content challenging or offensive. However, taking into account relevant contextual factors including the nature of the programme, the pre-broadcast warning for coarse language and references to rape, the Adults Only classification, the time of broadcast and audience expectations, the Authority found the harm alleged to have been caused did not justify restricting the right to freedom of expression. The programme was not targeted at child viewers and was broadcast in the Adults Only timeband.

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

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

A segment on the George FM Saturday Drive Show featured an announcer making comments about the complainant regarding an incident in the past, where the announcer allegedly saw the complainant engaging in certain activities. The broadcaster upheld the complaint under the privacy and fairness standards and issued written apologies to the complainant. The complainant referred the complaint to the Authority on the basis the broadcast also breached the accuracy standard and the apologies did not address the alleged inaccuracies in the broadcast. The Authority did not uphold the accuracy complaint, finding that, due to the nature of the broadcast and audience expectations, the Saturday Drive Show did not amount to ‘news, current affairs or factual programming’ to which the accuracy standard applied. The Authority noted that while the broadcasting standard raised did not apply, there may be alternative avenues for the complainant to have the concerns expressed in the complaint considered.

Not Upheld: Accuracy

An episode of Shortland Street featured a character using the phrase (according to the accompanying closed captions), ‘You’ve got no freaking idea…’ The Authority did not uphold a complaint that this phrase breached the good taste and decency standard because in the complainant’s view, the character actually said ‘f***ing’. The Authority noted that if broadcasters wish to broadcast sanitised versions of unacceptable words, then it is their responsibility to make it clear that it is not the offensive word that is being uttered, but rather a word which is distinctly aurally different. Here, where there was some uncertainty about what was said, the Authority did not uphold the complaint. However the Authority urged broadcasters to be careful in future, on the basis that if there is some murkiness and it is open for viewers or listeners to think that an inappropriate word has been used, the Authority may find there has been a breach of broadcasting standards.

Not Upheld: Good Taste and Decency

Three episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9.30pm on Friday 10, 17 and 24 November 2017. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Six complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme denigrated, or was discriminatory towards, both participants and viewers, and was broadcast at a time on a weekend night when children were likely to be watching. The Authority did not agree with the complainants that this programme ought not to have been broadcast at all. It observed that, while the programme may not have been to everybody’s taste, it contained many body-positive messages and those involved in the programme spoke positively of their experiences. However, the Authority upheld the good taste and decency complaints on one aspect, finding the pre-broadcast warning did not adequately signpost the extent of nudity and sexual references in the programme for viewers.

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

No Order

An item on 1 News reported on the Government’s response to protests about seismic surveying, or ‘blasting’, in New Zealand waters. The item featured an interview with a representative of Greenpeace, who said that the Government could act now to stop seismic blasting, as the practice was harmful and could ‘interfere with [whales’ and dolphins’] communication and breeding… deafen them… and separate calves from their mothers’. The Authority did not uphold a complaint that this item was inaccurate and unbalanced because it presented Greenpeace’s views as fact. The item was focused on the Government’s response to the practice of seismic surveying, and not on the alleged harm to marine life, and it was clear throughout where the reporter was referring to Greenpeace’s views (which, as the expression of comment or opinion, were not subject to the requirements of the accuracy standard). The item was therefore unlikely to mislead viewers, or significantly affect their understanding of the item as a whole. Balancing comment on this issue was therefore not required to be presented in the interests of ensuring viewers were fully informed, and views contrary to Greenpeace were available in surrounding media coverage.

Not Upheld: Accuracy, Balance  

During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand. As such, the harm alleged to have been caused by the complainant did not outweigh the host’s, or callers’, right to express their opinions as part of a talkback discussion about New Zealand’s future, even if some listeners might have disagreed or found those views distasteful.

Not Upheld: Accuracy, Balance, Law and Order, Good Taste and Decency, Fairness, Programme Information, Discrimination and Denigration   

The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed. Given the level of public interest in the issue discussed, Dr Brash’s position as a public figure and his experience with the media, the Authority found that the panel discussion did not result in Dr Brash being treated unfairly and viewers would not have been left misinformed as to his position on the issue.  

Not Upheld: Fairness, Balance, Good Taste and Decency, Discrimination and Denigration