BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

A segment on The Paul Henry Show featured the two presenters discussing recent law changes in Russia that mean it is now illegal to misrepresent Russia’s involvement in World War II, and that people would be fined for swearing on television, in theatre or in films. Mr Henry gave examples of Russian swearwords. There was also a discussion about ‘butt plugs’ made in the likeness of Vladimir Putin and of Paul Henry. The Authority did not uphold the complaint that the language, the references to Russia’s involvement in the war, and the discussion about ‘butt plugs’ were offensive. The segment was on late at night and targeted at adults, it was intended to be light-hearted and was consistent with expectations of the show and of Paul Henry.

Not Upheld: Good Taste and Decency, Responsible Programming

In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled.

Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes

In a ‘Showbiz news’ segment on MORE FM Breakfast, a joke was made about the marriage breakup of Kim Dotcom and his wife. The Authority did not uphold the complaint that the joke breached standards of good taste and decency. It was light-hearted and humorous and typical of breakfast radio, and the Dotcoms could reasonably expect some coverage of their breakup.

Not Upheld: Good Taste and Decency

Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi settlement with the government. The Authority did not uphold the complaint that the item was inaccurate and unbalanced because it misrepresented Ngāpuhi’s economic situation and historical land loss. This was a human interest piece framed from the perspective of John Campbell, and largely comprising the personal opinions and experiences of the people he visited. The community was the focus, not the settlement, and viewers would not have been misled in this context.

Not Upheld: Controversial Issues, Accuracy 

A 3 News item reported on the results of its latest political research poll. The Authority did not uphold the complaint that the results were inaccurate because they were within the margin of error of +/- 3.1 percent. Viewers are familiar with this mode of reporting, particularly in the lead-up to an election. The margin of error was clearly displayed onscreen, leaving the audience to form their own views about how much weight should be given to the poll.

Not Upheld: Accuracy

The opening scenes of the movie Wanted included a brief sex scene involving a clothed couple. The Authority did not uphold the complaint that this constituted ‘strong’ adult content broadcast too close to the Adults Only 8.30pm watershed. The scene was very brief, and the couple was clothed and only shown from the shoulders up.

Not Upheld: Children’s Interests

The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly.

Not Upheld: Good Taste and Decency

During a segment on The Paul Henry Show called ‘Who Even Is That?’, Mr Henry pointed out the Parliamentary Chamber and Gallery Officer in footage of the Parliamentary Chamber, and made unfair and derogatory comments about her duties and her personal attributes. The broadcaster upheld the complaint, and Mr Henry apologised on air a week later. The Authority considered the segment to be a serious breach of standards, but in all the circumstances found the action taken by the broadcaster was sufficient.

Not Upheld: Fairness (Action Taken)

Campbell Live reported on a couple who faced bankruptcy after buying a house infested with termites. The item disclosed the names of the vendor, the company and staff responsible for the building report, and the real estate agent. It showed footage of the real estate agent’s office window, which had printed on it the names and phone numbers of the real estate agent and his business partner. A majority of the Authority did not uphold complaints that this breached the agent’s and the business partner’s privacy. The agents’ details were publicly available, the footage of their phone numbers was brief and it was not broadcast for the purpose of encouraging harassment; no causal link was demonstrated between the broadcast and the alleged harassment. The minority found that the disclosure of the phone numbers was negligent and that harassment was a foreseeable consequence.

Not Upheld by Majority: Privacy

An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom referred to ‘England’ in its introduction. The broadcaster upheld the complaint that this was inaccurate and apologised to the complainant. The Authority considered the broadcaster took sufficient action and that the broadcast did not breach the other standards nominated.

Not Upheld: Accuracy (Action Taken), Fairness, Discrimination and Denigration