In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy. The Authority also found aspects of the broadcasts, which contained comments about women, were unacceptable in New Zealand society and in breach of the good taste and decency standard. The Authority did not uphold the complaint under the remaining broadcasting standards.
Upheld: Good Taste and Decency, Privacy, Fairness
Not Upheld: Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Alcohol, Balance, Accuracy
Orders: Section 13(1)(a) broadcast statement
The song ‘(I Wanna Be) Your Underwear’ by Bryan Adams was broadcast on Puketapu Radio at 11.20am on 18 August 2017. The song contained lyrics such as, ‘I wanna be your lipstick when you lick it’ and ‘I wanna be your underwear’. The Authority did not uphold a complaint that the broadcast of this song was in poor taste. While it acknowledged that the lyrics were crude, the lyrics were in the nature of sexual innuendo, did not contain any explicit language and were similar to the innuendo contained in the lyrics for many rock or hard rock songs. The Authority reminded the broadcaster of its responsibilities under the Broadcasting Act 1989, particularly regarding the expectation for broadcasters to retain recordings of all broadcasts for 35 days.
Not Upheld: Good Taste and Decency
An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8.30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found that, taking into account the context, including that MMA: One Championship Weekly is an unclassified sports highlights show, the target audience of both the channel and the programme, and signposting at the beginning of the programme about the martial arts content, the fight footage used did not breach broadcasting standards.
Not Upheld: Good Taste and Decency, Children’s Interests, Violence
A segment on RNZ National’s programme This Way Up, titled ‘Why Women Live Longer’, featured an interview with a science journalist about her latest book. In the introduction to the segment, the programme presenter referred to the average life expectancy of men and women in New Zealand born in 2016. Mr Golden complained to the broadcaster under the accuracy standard that the references to life expectancy did not take into account quality of life. The Authority declined to determine the complaint on the basis that it was frivolous and trivial, and concerned matters of personal preference rather than matters of broadcasting standards that can be addressed under the Radio Code.
Declined to Determine: Accuracy
During a talkback segment on Overnight Talk, a caller rang up to discuss Metiria Turei’s resignation as Co-Leader of the Green Party in the wake of benefit and electoral fraud allegations. The caller made the remark that, ‘[i]t’s almost a situation where, the Green Party are in a room and Metiria dropped a big, fat, juicy, smelly fart.’ A complaint was made that the caller’s comments were demeaning and derogatory towards Ms Turei, and breached the discrimination and denigration standard. The Authority did not uphold the complaint, noting that the discrimination and denigration standard applies only to sections of the community, and it does not apply to individuals. Even had the standard applied, the Authority was satisfied that, while some may find the choice of language distasteful, the comments did not reach the high threshold necessary to find a breach.
Not Upheld: Discrimination and Denigration
A segment on Morning Report discussed a press release by a named investment banking firm. The Authority declined jurisdiction to accept and consider a complaint that the programme ought to have disclosed certain alleged conduct by that firm. The Authority found the broadcaster was correct to not accept this as a valid formal complaint, as the complaint was based on the complainant’s own opinion of the firm rather than raising issues of broadcasting standards within the broadcast.
Declined Jurisdiction
A National Party campaign advertisement (an election programme for the purposes of the Election Programmes Code) parodied Labour’s campaign motto, ‘Let’s do this’ with an advertisement with the tagline, ‘Let’s tax this’. The advertisement suggested that a Labour government would impose a number of new taxes (a capital gains tax, land tax, regional fuel tax, income tax, water tax and a ‘fart tax’). A voiceover at the conclusion of the advertisement said: ‘There’s still only one way to stop Labour’s taxes. Party vote National’. The Authority did not uphold a complaint that the election programme was inaccurate and misleading by implying a number of ‘bad’ taxes would be introduced or raised by Labour, which was not the case. The Authority considered it would be clear to viewers that the election programme was a campaign advertisement for the National Party, which clearly advocated the National Party’s own views. As such, the advertisement reflected the National Party’s opinion and analysis of Labour’s policies and viewers would not have been misled. The Authority also emphasised the importance of political speech and concluded that, in the robust political environment leading up to the election, the high threshold for finding a breach of broadcasting standards was not met.
Not Upheld: Distinguishing Factual Information from Opinion or Advocacy
An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy. The Authority found, taking into account contextual factors such as Newshub’s target audience and audience expectations of news programmes generally, that the audience advisory was adequate for the content shown. A level of maturity was required to understand the full implications of the footage, and therefore the item would not have unduly disturbed child viewers. Finally, the broadcast did not result in a breach of the woman’s privacy, given the information was available in the public domain at the time of broadcast and no private information was therefore disclosed.
Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Privacy
An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly.
Not Upheld: Balance, Fairness
During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society. Mr Watson was entitled to express his opinion, even if it was critical or if others disagreed, and his comments were not so offensive that they reached a level which warranted the Authority’s intervention. The Lions team and its supporters are not a section of the community to which the discrimination and denigration standard applies, and the balance standard was also not applicable to this particular segment.
Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance