BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

In an episode of The AM Show, Opposition Leader Hon Judith Collins suggested a fellow interviewee should stop talking or she would give him a bruised nose (like she had at the time). The Authority did not uphold a complaint that the broadcast breached the violence standard. The Authority found Ms Collins’ comment justified by context and unlikely to incite or encourage violence against men.

Not Upheld: Violence

The broadcast

[1]  During the 5 June 2020 episode of The AM Show on TV 3, host Duncan Garner interviewed Opposition Leader Hon Judith Collins and Hon Willie Jackson about New Zealand’s move to alert level one and the Black Lives Matter protests that took place during level two.

[2]  In the interview, Ms Collins referred to a visible bruise on her nose and said ‘by the way it wasn’t Willie that did this…well you know these things happen. And actually, that was my fault.’ Later in the interview, Ms Collins said to Mr Jackson, pointing to her own bruised nose, ‘You’ve talked enough, or then I’ll give you one of these noses like what I’ve got’.

The complaint

[3]  Roger Decke complained the broadcast breached the violence standard on the basis Ms Collins’ joke was offensive to men. He said, ‘many men out there suffer silently from domestic violence, there is no help or support for them’.

The broadcaster’s response

[4]  The broadcaster did not uphold Mr Decke’s complaint for the following reasons:

• Ms Collins’ comment was intended to be comedic and not to be taken seriously.
• No harm was intended.

The standard

[5]  The violence standard requires broadcasters to exercise care and discretion when portraying violence. Violent content should be appropriate to the context of the programme and classified carefully.

[6]  Any depiction of, or reference to, violence should be justified by context.² Broadcasters should exercise caution with content likely to incite or encourage violence or brutality.³

Our analysis

[7]  We have viewed the broadcast and read the correspondence listed in the Appendix.

[8]  In determining complaints, we weigh the right to freedom of expression against any harm potentially caused by the broadcast. The right to freedom of expression is an important right in a democracy. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.

[9]  Mr Decke argued Ms Collins’ comment had the potential to trivialise and incite domestic violence against men. We acknowledge Mr Decke’s concerns. Domestic violence, regardless of gender, is a serious issue. However, considering the contextual factors below, the comment was justified by the context:⁴

• The AM Show is a news and current affairs programme often involving colloquial and light-hearted dialogue with interviewees.
• Ms Collins and Mr Jackson’s conversation throughout the interview was light, containing jest and banter. For example, earlier in the interview Mr Jackson said about Ms Collins, ‘…you know how she operates. She’ll put the boot in’.
• The comment by Ms Collins is clearly identifiable as spontaneous jest not intended to be taken literally. Mr Jackson’s reaction to the comment indicated he understood it as a joke.
• The comment was an indirect reference to violence. The item did not contain any combination of violence and sex designed to titillate,⁵ or any detailed depictions of violence.⁶
• The comment was a one-off statement, and a brief part of the overall broadcast.⁷

[10]  Given the above factors, Ms Collins’ comment was unlikely to incite or encourage violence against men.⁸ We therefore do not uphold this complaint.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Judge Bill Hastings

Chair

21 December 2020

   
Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Roger Decke’s formal complaint – 5 June 2020

2  MediaWorks’ response to Roger Decke – 1 July 2020

3  Mr Decke’s referral to the Authority – 14 July 2020

4  MediaWorks’ confirming no further comments – 20 August 2020

¹ Discovery NZ Limited was previously known as MediaWorks TV Limited.
² Guideline 4a
³ Guideline 4c
⁴ Guideline 4a
⁵ Guideline 4f
⁶ Guideline 4g
⁷ Guideline 4b
⁸ Guideline 4c