BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

The Authority has upheld a complaint an episode of the six-part drama series Half Man, which follows stepbrothers with a difficult history and fractious relationship, breached the offensive and disturbing content standard. The programme was broadcast at 8.30pm and classified 16-VLSC (advisories for violence, language, sexual content, and content that may offend). The Authority found the episode’s strong content and themes went beyond a 16 rating and required a higher rating of 18, meaning it should have aired in a later timeslot. The programme was therefore more likely to disproportionately offend or disturb viewers, who were not properly informed of the level of upcoming strong content. Despite its incorrect classification, the Authority did not find a breach of the children’s interests standard given the programme was clearly signposted as being unsuitable for children and broadcast outside of children’s viewing times. Any depictions of criminal or serious antisocial activity were dramatic elements of the plot and did not ‘promote’ illegal or antisocial behaviour. The discrimination and denigration standard did not apply.

Upheld: Offensive and Disturbing Content

Not Upheld: Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration

No Order

The Authority has not upheld a complaint that the action taken by NZME in relation to an Alternative Commentary Collective (ACC) host describing the All Blacks vs Italy game at Wellington’s stadium as ‘a paedophile’s delight … families as far as the eye can see’, was insufficient. The broadcaster upheld the complaint under the offensive and disturbing content standard and advised it had spoken to the Content Director for Radio Hauraki, who discussed the matter with the hosts involved, reducing the likelihood of future similar breaches occurring. The Authority considered this to be sufficient in the circumstances.

Not Upheld: Offensive and Disturbing Content (Action Taken)

The Authority has upheld by majority a complaint that an item on 1News, reporting on an event organised by the Marist Brothers at which the organisation issued a formal public apology for historic abuse, breached the complainant’s privacy. The report featured footage of the complainant speaking at the event about their experience of abuse and the long-term impact it had. While the complainant was aware media would have access to a livestream of the event for reporting, they were under the impression this was to enable media to report on the apology itself. Considering the extremely sensitive information conveyed, the obvious vulnerability of the complainant, and the lack of clear communication to the complainant that media would be able to broadcast footage of them from the event on television, it found the privacy standard had been breached. The defence of informed consent was not available to the broadcaster. A minority of the Authority found the complainant did not have a reasonable expectation of privacy in the circumstances – it was reasonably foreseeable that the information shared could be disclosed more broadly by media or others watching the event.

Upheld by Majority: Privacy

No Order 

During a discussion about local government revenue and expenditure on a broadcast of The Panel, panellist Mary Lambie said Auckland Transport staff ‘need to be lined up and frankly shot because why do we spend so much on [road] cones?’ The Authority¹ did not uphold two complaints that the comment, and Lambie not revoking the comment or apologising when given the opportunity, breached the offensive and disturbing content and promotion of illegal or antisocial behaviour standards. In context, the comment was flippant hyperbole made in a live discussion to express disapproval over local government spending. It was not a call to action. Intervention by the host and subsequent clarification of the comment by Lambie helped mitigate any harm caused by the broadcast. Overall, the broadcast carried high public interest given its discussion of public policy, and any harm caused did not outweigh the broadcaster’s right to freedom of expression.

Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour

[This summary does not form part of the decision.] 

The Authority has not upheld a complaint about a Women’s Rights Party election programme broadcast on TVNZ 1. The broadcast included a video montage of a protest at a ‘Posie Parker’ rally in Auckland in 2023. The complainant said this footage was distressing as it promoted ‘an anti-transgender and gender diverse agenda’. The Authority did not find any breach of the offensive and disturbing content standard or harm that would justify limiting the party’s political expression. The election programme was clearly identified as promoting the views of the Women’s Rights Party, and was focused on advocacy for women’s rights. The protest footage could not reasonably be said to promote a perspective that is anti-transgender or gender diverse people, and these groups were not referred to during the programme. Overall, the advertisement did not seriously threaten standards of taste or decency in the context.

Not Upheld: E1: Election Programmes Subject to Other Code (Offensive and Disturbing Content)

The Authority¹ has not upheld a complaint alleging an item on Morning Report lacked balance and was unfair. The item reported on the condition of student rental properties in Dunedin – that ‘students continue to live in flats that are colder inside than out despite meeting Healthy Homes Standards’, and ‘advocates are calling for action’ as a result. The Authority considered the item did not purport to be an in-depth or balanced examination of the adequacy of the Healthy Homes Standards, but instead focussed on a particular perspective (advocates calling for change). Listeners were therefore unlikely to expect a countervailing viewpoint in the broadcast. Regardless, the audience could reasonably be expected to be aware of other viewpoints from other media, given the ongoing period of current interest. The fairness standard did not apply.

Not Upheld: Balance, Fairness

The Authority has declined to determine a complaint a 1News segment about the announcement of New Zealand First’s ‘Kiwi Kids Grant’ policy, where a graphic of the New Zealand First logo above a ticked box next to ‘Party vote’ was displayed, breached the balance and fairness standards. The complainant considered the graphic indicated bias and encouraged people to vote for New Zealand First. The Authority declined to determine the complaint, noting the arguments raised did not identify any potential harm at a level requiring intervention.

Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance, Fairness

The Authority has not upheld a complaint about a Free Palestine Party (Palestine Free from the River to the Sea Party) election programme broadcast on TVNZ 1. It included statements onscreen: ‘Turn the tide for Palestine’; ‘Not a ceasefire… but justice’; ‘A right of return… to Palestine’; ‘Sanction Israel’ and ‘No sanctions – no vote!’ The complaint was that this ‘pro Palestine’ election programme was ’disturbing’, unfair, and gave a biased, ‘non-factual opinion’ of what is occurring in that part of the world. The Authority did not find any breach of the nominated standards or harm that would justify limiting the Party’s political expression. The election programme was clearly identified as promoting the views of the Free Palestine Party; the statements onscreen were clearly distinguishable as opinion and advocacy, rather than making factual statements; the advertisement did not seriously threaten standards of taste or decency, in the context; and the fairness standard did not apply.

Not Upheld: E1: Election Programmes Subject to Other Code (Offensive and Disturbing Content; Fairness), E2: Election Programme Advocacy - Distinguishing Factual Information from Opinion or Advocacy

The Authority has not upheld a complaint about a 1News item saying ‘millions’ attended the late Iranian Supreme Leader’s funeral procession. The complainant questioned the accuracy of this reference and the broadcaster’s efforts to verify this figure. The Authority found the figure was not materially inaccurate or misleading in the context of an item focussed on the images of defiance and calls for vengeance at the procession. It also found the broadcaster had made reasonable efforts to ensure accuracy, noting the reference to ‘millions’ of attendees was consistent with other reporting.

Not Upheld: Accuracy

The Authority has not upheld a complaint about a National Party election programme that alluded to a reduction in crime rates under its leadership, which the complainant said was inaccurate. The Authority considered two statements made in the broadcast: ‘When National took over, our country was in bad shape,’ and, ‘By fixing the basics, inflation, mortgage rates and crime are all down…’ The Authority found the first statement was clearly an expression of the National Party’s opinion and political advocacy – and accordingly, the accuracy standard did not apply to it. The Authority considered the second statement was one of fact but that the National Party had reasonable basis for the claim, and reasonable viewers interpreting the statement in the context of an election campaign were unlikely to have been misled. 

Not Upheld: E1: Election Programmes Subject to Other Code (Accuracy)