An item on Sunday contained an interview with a man about the fate of his wife who died in the Christchurch earthquake of February 2011, while trapped inside the CTV building. The item showed a sequence of photographs as the reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped?” The Authority did not uphold the complaint that the photographs were inaccurate and misleading because they were allegedly not taken on the day of the earthquake: they were used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used and would not have misled viewers in any significant respect when taken in context.
Not Upheld: Accuracy
The complainant alleged that four items on TVNZ News and Close Up breached standards relating to accuracy or law and order. These included footage of a reporter walking backwards which was considered to be dangerous; a reference to a reference to a wildfire covering “an area of around 15,000 rugby fields”; a comment about “letting loose” in a car that could reach speeds of 130 miles per hour; and a comment about the size of hen cages being “4cm more than conventional cages”.
The Authority declined to determine the complaints on the basis they were frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989.
Declined to Determine: Law and Order, Accuracy
An item on One News included the results of a Colmar Brunton poll on the percentage of party votes for major political parties. The results allegedly did not take account of “undecided voters”. The Authority did not uphold the complaint that this breached the accuracy standard: the omission of undecided voters was not material given the focus and context of the item which was the decline in the level of support for the National Party, so viewers would not have been misled in any significant respect, and the potential harm in terms of impact on voter participation was not significant given the length of time until the next general election.
Not Upheld: Accuracy
During the Willie and JT Show on Radio Live the hosts discussed the recent sentencing of the ‘Urewera Four’, comparing their treatment to that of the complainant who was discharged without conviction after being found guilty of similar charges. The complainant phoned in to the programme and explained the background to his case but after the phone call had finished the hosts called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter”. The Authority upheld the complaint that this breached the fairness standard: the hosts’ comments amounted to personal abuse and the complainant was unable to defend himself as the phone call had ended. The Authority did not uphold the complaint that the comments breached the controversial issues standard: though the broad focus of the item was a controversial issue of public importance, the item did not amount to a “discussion” of that issue but presented the hosts’ opinions; and the broadcaster had made reasonable efforts, and given reasonable opportunities, to present significant viewpoints, by allowing the complainant on air.
The Authority made no order.
Upheld: Fairness
Not Upheld: Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming
No Order
An item on Close Up, a current affairs programme broadcast on TV One, reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement. The item profiled an ex-congregation member, X, who claimed she had made substantial donations to the church which left her in a position of financial hardship. The item contained hidden camera footage of a Bishop and Pastor preaching to a large audience about tithes and donations. The Authority did not uphold complaints that the item breached standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming. Though X was identifiable and the item disclosed private facts about her, she was a willing participant and there was insufficient evidence to show she had withdrawn her consent to the broadcast. The Bishop and the Pastor were identifiable in the hidden camera footage but they did not have an interest in seclusion in a church service that was open and accessible to the general public; in any event the public interest defence applied. The item was clearly framed as X’s opinion and included opinions from members in support of the church. UCKG was provided with a fair and reasonable opportunity to comment and its statement was adequately summarised in the item. The item did not amount to a “discussion” of a controversial issue, and in any event the broadcaster made reasonable efforts, and gave reasonable opportunities, to present significant viewpoints. The comments did not carry the level of invective necessary to encourage discrimination against, or the denigration of, any section of the community.
Not Upheld: Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming
The ZM Morning Crew hosts ran a competition called “Racial Profiling”, in which the hosts and a contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian”. The Authority did not uphold the complaint that this breached the good taste and decency, and discrimination and denigration standards: on the face of it the game perpetuated racial stereotypes but the outcome as broadcast demonstrated flaws in stereotyping, and freedom of expression outweighed the potential harm caused; and the broadcast did not encourage denigration or discrimination, but was an attempt at humour and satire which are recognised as important freedoms of speech.
Not Upheld: Good Taste and Decency, Discrimination and Denigration
An episode of the cartoon comedy South Park was broadcast on FOUR at 9.30pm. It depicted Queen Elizabeth II committing suicide, following a botched terrorism attempt; the episode was rated Adults Only (AO) and was preceded by a visual and verbal warning. The Authority did not uphold the complaint that the episode breached the good taste and decency standard: the episode used parody and satire to comment on politics, and freedom of expression includes the right to satirise public figures; and the content was acceptable during an AO programme screened at 9.30pm.
Not Upheld: Good Taste and Decency
An item on 3 News reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic. It included an interview with the victim’s former employer, and the interviewee and reporter both used the term “nutters”. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming: the term “nutters” was used to refer to a person who is dangerous and deranged, and was not intended to comment on people with mental illness; the item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community, and given the contextual factors viewers would have understood the intended meaning of “nutters”.
Not Upheld: Good Taste and Decency, Law and Order, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming
The first episode of The GC, a reality television series following a group of young Māori living on the Gold Coast in Australia, was broadcast on TV3. The Authority did not uphold the complaint that the programme breached the law and order and children’s interests standards: participants were of legal age to drink and were not shown drinking excessively, and it did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity; it was correctly rated PGR and the classification was sufficient to advise parental supervision so no additional warning was required – the sexual references were sufficiently inexplicit, the programme would not have disturbed or alarmed child viewers and the content did not warrant a higher classification of Adults Only.
Not Upheld: Law and Order, Children’s Interests
An item on Close Up, broadcast on TV One, profiled the complainant and introduced him by referring to some of his previous complaints, including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols”. The Authority did not uphold the complaint that the item breached the accuracy and fairness standards: the item did not suggest that all or most of Mr McDonald’s complaints were unfounded but that he complained “too often about too little”; it provided a context to the complaints, and the complainant was able to put forward his own perspective. Accuracy was subsumed into the Authority’s discussion of fairness.
Not Upheld: Fairness
Subsumed: Accuracy (into Fairness)