BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression. The Authority however reminded the broadcaster of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, which did not occur in this case.

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

A segment on Checkpoint featured an interview with former Green Party Co-Leader Metiria Turei. The interview occurred just after Ms Turei had announced her resignation as Co-Leader. John Campbell questioned Ms Turei about the recent allegations of benefit fraud which had recently arisen, the effect these allegations had on her and whether they ultimately led to her resignation. The Authority did not uphold a complaint that the interview was unbalanced. While the subject matter amounted to a controversial issue of public importance, the Authority found alternate views were put forward through the use of ‘devil’s advocate’ questioning, and noted there was also considerable media coverage of the allegations, meaning there was a wide range of information available on the issue. The interview’s focus was Ms Turei’s response to the allegations, and as a whole would not have left the audience misinformed regarding the nature of the allegations and Ms Turei’s position.

Not Upheld: Balance

An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion.

Upheld: Good Taste and Decency, Children’s Interests, Violence

Not Upheld: Law and Order

No Order

During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech.’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression.

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

An interview was broadcast on Afternoons with Wendyl Nissen with a journalist, about an article she had written regarding the upcoming perjury trial of the secret witnesses who testified in David Tamihere’s murder trial. During the interview the journalist discussed the discovery of one victim’s body, saying, ‘you think of a body turning up… it’s really… bones. The trampers who found [the] body actually stepped on it before they saw it.’ Ms Nissen replied: ‘So there was a crunch’, adding, ‘– sorry to be disgusting’. A complaint was made that this comment was ‘disgusting, disrespectful’ and ‘in poor taste’. The Authority did not uphold the complaint under the good taste and decency standard, finding that Ms Nissen’s immediate apology after the comment, and other contextual factors, mitigated any potential harm or distress caused by the comment, and it did not reach the high threshold necessary to find a breach of the good taste and decency standard.

Not Upheld: Good Taste and Decency

An item on Seven Sharp discussed the UK’s move to ban the sale of petrol and diesel cars by 2040, to encourage the use electric vehicles (EVs). Following the item, presenter Mike Hosking outlined the ‘hurdles’ to be overcome before a similar move could be made in New Zealand, stating that there was ‘no charging network’ in New Zealand and that the cost of EVs was ‘too high’. The Authority did not uphold a complaint that Mr Hosking’s statements were inaccurate and misleading. Noting that the accuracy standard does not apply to statements of analysis, comment or opinion, the Authority found that, in this case, Mr Hosking’s statements on the cost-effectiveness of EVs, and the lack of charging network in New Zealand, represented his own opinion and analysis on the topic, which viewers would not have expected to be authoritative. While the complainant may have disagreed with Mr Hosking’s views, the Authority found that these were opinions which were open to Mr Hosking to express, noting that the free and frank expression of opinions is an important aspect of the right to freedom of expression.

Not Upheld: Accuracy

During The Edge’s afternoon show Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. A complaint was made that Mr Pryor’s use of the term ‘wanker’ was inappropriate and offensive. The Authority found that, taking into account relevant contextual factors including The Edge’s target audience, audience expectations of Jono, Ben & Sharyn and the nature of the explicit language used, the comment did not reach the threshold required to justify limiting the broadcaster’s right to freedom of expression.

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

Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now.’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained. The Authority recognised the important role of the media during an election period, when political parties and leaders should expect to be subject to robust scrutiny, and found that Mr Watson’s comments did not result in the Labour Party, or its leader Ms Ardern, being treated unfairly. The Authority found the balance standard did not apply to the Radio Sport Weekender programme, as listeners would not expect to hear balanced or authoritative coverage of election issues during this talkback sports programme.

Not Upheld: Fairness, Balance

A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting. In relation to the fairness standard, the Authority found that it is an important function of the media to comment critically on party policy and this type of speech has high value in terms of the right to freedom of expression, particularly during at election time. Party leaders should expect to be subject to robust criticism and the Authority was satisfied Mr Hooton’s comments, while critical, did not go beyond what can be expected  during the election period, nor did they result in Ms Ardern being treated unfairly.

Not Upheld: Balance, Fairness

A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5.20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code). The Authority did not uphold the complaint, finding that, while the images may be confronting for some viewers, they related to Ban 1080’s main political policy message, and in the context the high threshold necessary to find a breach of the good taste and decency standard was not met. The Authority emphasised the importance and value of political expression, particularly in the lead up to a general election.

Not Upheld: Election Programmes Subject to Other Codes, Good Taste and Decency