BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

The Authority did not uphold a complaint that an episode of the talkback programme Dasam Granth Da Sach breached the accuracy standard. The host, while engaged in discussion with a caller, had made statements that the complainant alleged were unsubstantiated comments about a historical event that had the potential for disrupting harmony between the Sikh and the Hindu communities. The Authority found that the accuracy standard did not apply in this instance as the programme was not a news, current affairs or factual programme and the relevant statements were clearly distinguishable as analysis, comment or opinion, rather than statements of fact.

Not Upheld: Accuracy

The Authority has not upheld a complaint about the host’s language and approach during an interview broadcast on Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. During the interview Mr Plunket appeared increasingly frustrated and hung up on the interviewee after using the phrase, ‘Jesus Christ’. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case. It also found that, in the context of robust questioning on a topic of significant public interest, Mr Plunket’s manner and approach, although it was at times rude and overly forceful, did not reach the threshold for finding a breach of the good taste and decency standard or justifying regulatory intervention.

Not Upheld: Good Taste and Decency

The Authority has not upheld a complaint under the fairness, balance, and accuracy standards from environmental protest group Honour the Maunga, about a series of Radio New Zealand broadcasts on 15-19 April 2020. The items concerned the removal of the group’s unoccupied camp from Ōwairaka (Mt Albert) for allegedly breaching lockdown rules. Overall, the Authority found that the series of broadcasts was unlikely to cause undue harm to the reputation of Honour the Maunga, and was unlikely to mislead listeners. This was a series of short news items covering a developing story, which, importantly, included the complainant’s response to the key points in the reports, namely that the group had not breached lockdown rules and was otherwise entitled under the New Zealand Bill of Rights Act to occupy the site. In the context of the evolving story, the suggestion the group had breached lockdown rules was distinguishable as opinion, meaning the accuracy standard did not apply, and in any event, the inclusion of Honour the Maunga’s response mitigated any potential harm.

Not Upheld: Fairness, Balance, Accuracy

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included very brief footage of a young person using a hand-held grinder without a guard. The complaint was that this was contrary to health and safety guidelines and promoted poor industrial practice. Noting the clip was fleeting and peripheral to the overall nature and purpose of the advertisement, the Authority did not find any breach of broadcasting standards. No actual or potential harm was caused in terms of the objectives of the applicable standards that outweighed the importance of freedom of expression and free political speech in the lead up to the general election.

Not Upheld: Election Programmes Subject to Other Codes (Law and Order, Good Taste and Decency, Accuracy)

The Authority did not uphold a complaint that comments during a documentary on New Zealand’s involvement in the World War I military campaign in Gallipoli breached the discrimination and denigration standard. In the broadcast, one of the presenters was shown a photograph of a woman behind bars, in the context of a conversation about prostitutes being available for troops stationed in Egypt. The presenter then made a derogatory comment about the appearance of the woman. The complainant submitted the comments made in the broadcast denigrated both women and sex workers. The Authority acknowledged that the comment regarding the woman’s appearance in particular, which also diminished the seriousness of some women’s experiences in World War I, was insensitive and unnecessary, and would be considered sexist and offensive to some viewers. However, in the context of the programme as a whole – a documentary depicting New Zealanders’ experiences in World War I, which carried public interest – the Authority found the comment did not reach the high threshold for finding the broadcast encouraged the denigration of, or discrimination against, women as a section of the community. The Authority noted that occupation is not a recognised ground for discrimination, so sex workers did not amount to a relevant section of the community for the purposes of the standard.

Not Upheld: Discrimination and Denigration

An episode of The Panel included an interview with a professor from the department of preventive and social medicine, whose focus is respiratory epidemiology, about his research on the effects of smoking cannabis on the lungs. The Authority did not uphold a complaint that the interview breached the accuracy and balance standards. The Authority did not consider the accuracy standard applied as the interview was a short conversation about the findings of the study where the interviewee was clearly giving his own perspective and analysis, having conducted his own research on the topic. The Authority accepted that the wider debate about cannabis legalisation is a controversial issue of public importance, of which the interview was narrowly focussed on one aspect (the alleged health effects). The Authority was satisfied the broadcaster met its obligations to present a reasonable range of other perspectives both within the programme and in other extensive coverage in the period of current interest.

Not Upheld: Accuracy, Balance

The Authority has not upheld a complaint about the use of the phrase ‘Jesus Christ’ during Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. At the end of the interview, Mr Plunket used the phrase, ‘Jesus Christ’, reacting to the interviewee’s responses before hanging up on him. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case.

Not Upheld: Good Taste and Decency

The Authority declined to determine a complaint about an item on Hauraki Drive with Thane Kirby, which alleged that Mr Kirby made a comment suggesting COVID-19 contact-tracing information could be used to contact attractive women. There was an issue with identifying the correct time of broadcast, and the broadcast complained about was not retained by the broadcaster, despite the complainant signaling she would be taking the matter further with the Authority. The Authority also noted the broadcaster should have responded early to the complainant so that she had an opportunity to resubmit her complaint within the required timeframe. Without being able to listen to the actual words used in the broadcast, the tone, and the surrounding context, the Authority concluded it must decline to determine the complaint, which it recognized was a very unsatisfactory outcome. However it noted the Authority’s efforts to seek further information about the broadcast had enabled the broadcaster to address the complaint and uphold it as a breach of the good taste and decency standard.

Declined to Determine: Section 11(b) in all the circumstances

The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines, and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or to determine her personal view on the topic. With respect to balance, the Authority was satisfied that the End of Life Choice Act and related issues were widely covered by RNZ within the period of current interest in those topics, including views in support of the End of Life Choice Act. The interviewer and the author also acknowledged the existence of other views within the item, which was adequate in the context. Considering whether the item was inaccurate or misleading in the manner alleged, the Authority noted the interviewer questioned the author about the weighting of views in the book (17:4 opposed to assisted dying) and whether she approached it with any particular position of her own. Overall, the Authority did not find actual or potential harm at a level that justified regulatory intervention or restricting freedom of expression.

Not Upheld: Balance, Accuracy

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or her personal view on the topic. The Authority did not uphold the balance complaint, as it considered the broadcaster made reasonable efforts to present significant viewpoints within the programme, and noted that the issue was widely covered throughout the legislative process for the End of Life Choice Act and likely to continue to be covered in the lead-up to the referendum. For similar reasons, and taking the broadcast item as a whole, the Authority did not consider viewers were likely to have been misled in the manner alleged in the complaint. The overarching message of the item, and the author’s interview, was encouraging New Zealanders to become more informed about the issue of end-of-life choice before deciding which way to vote in the upcoming referendum. Therefore upholding the complaint would unreasonably restrict freedom of expression.

Not Upheld: Accuracy, Balance