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Number 78
Message from the Chief Executive
Kia ora
As we near the end of 2017, we reflect on the past year and focus on what we hope to achieve in 2018.
2017 has been a full year, with many highlights in our research, complaints and stakeholder engagement programme. We thank the broadcasters, the public and our many stakeholders for working positively and constructively with us this year.
Our focus next year will be on engagement with the community and with broadcasters. In particular, we are focused on providing additional support to smaller and new broadcasters as they work to enhance their complaints processes and to bring the standards to life. We also aim to work more closely with Māori, Pasifika and Asian communities to lift awareness of the BSA and the standards system.
As 2017 draws to a close we wish you all a safe and relaxing festive season and send our best wishes for the year ahead.
Ngā mihi o hineraumati
Belinda Moffat
Chief Executive
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The BSA office will be closed from 12pm on Friday 22 December 2017 and will reopen on Monday 8 January 2018.
Formal complaint referrals may be lodged during this time through our website or by email to complaints@bsa.govt.nz.
Under the Broadcasting Act 1989, the days from 25 December - 15 January are excluded from the 20 'working days' complaints timeframe. This means the timeframes for making a complaint and responding to a complaint are extended over this period. For more information, see our website at: https://bsa.govt.nz/complaints/making-a-complaintopen_in_new.
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Complaints about Free-to-Air Television Broadcasts
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Lough and Television New Zealand Ltd - 2017-080open_in_new
An item on 1 News reported on the outbreak of a cattle disease on a farm in South Canterbury. The item featured an interview with a farmer who used the expression ‘for Christ’s sake’. The Authority did not uphold a complaint that this expression was offensive and unacceptable to broadcast during children’s normally accepted viewing times. The Authority found there was public interest and high value in hearing an authentic voice from a New Zealand farmer as part of the news report. The Authority also noted it has consistently found that variations of ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations, and in this case, the interviewed farmer used the phrase to express his frustration and strong support of the affected farm owner. The content of the interview did not go beyond audience expectations of the news, therefore it was not necessary to broadcast an audience advisory. In these circumstances, the Authority found that the alleged harm did not outweigh the right to freedom of expression, both of the farmer to express himself in his own words, and of the broadcaster to broadcast the item, including the farmer’s views.
Not Upheld: Good Taste and Decency, Children’s Interests
Read our media release on this decision hereopen_in_new.
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McCaughan and Television New Zealand Ltd - 2017-083 open_in_new
During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking.’ The following evening, Mr Hosking attempted to clarify his comment by saying, ‘Now, the fact that anyone can vote for [the Māori Party] as a list party I automatically assumed we all knew given we have been doing this for 20 years…’ The Authority upheld a complaint that Mr Hosking’s comments were inaccurate, finding that Mr Hosking’s statement about who was eligible to vote for the Māori Party was a material point of fact that was inaccurate and misleading. Further, his comments the following evening were confusing and insufficient to correct the inaccurate information for viewers. The Authority acknowledged the high value of political expression during an election period, but found that the potential harm in this case – providing inaccurate information which had the potential to influence voters, despite the alleged clarification – outweighed the broadcaster’s right to freedom of expression.
Upheld: Accuracy; Order: section 13(1)(a) broadcast statement.
Read our media release on this decision hereopen_in_new.
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Judge and Television New Zealand Ltd - 2017-078open_in_new
A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest. This segment amounted to robust political discourse that was to be expected during an election period, and the Authority concluded that upholding the complaint would unreasonably restrict the right to freedom of expression and political speech.
Not Upheld: Balance, Accuracy
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Jack and MediaWorks TV Ltd - 2017-084open_in_new
During a segment on The Project, the hosts discussed a new artificial intelligence technology capable of detecting a person’s sexual orientation through analysis of their facial features. In response, presenter Jesse Mulligan commented, ‘That’s an amazing story, a computer can tell if you’re gay or not. I hope the computer can keep a secret.’ The Authority did not uphold a complaint that this comment ‘perpetuated the prejudiced view that homosexuality [was] something to be kept secret and… shameful’. The Authority found that, while Mr Mulligan’s comment could be seen as ‘clumsy’ or tactless, it was clearly intended to be humorous and it did not actively encourage the different treatment, or devalue the reputation of, gay people as a section of the community. A high level of condemnation, often with an element of malice or nastiness, is necessary to conclude that a broadcast encouraged discrimination or denigration, and in this case, the Authority did not consider Mr Mulligan’s comments reached the high threshold necessary to find a breach of the standard, or to warrant limiting the right to freedom of expression.
Not Upheld: Discrimination and Denigration
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Boyce and MediaWorks TV Ltd - 2017-087open_in_new
An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independentpolitical commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective. Therefore viewers would not have been misled.
Not Upheld: Balance, Accuracy
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Miller and MediaWorks TV Ltd - 2017-089open_in_new
A segment on Newshub during the election period featured a political reporter discussing the potential factors behind the Labour Party’s drop in the Newshub election poll. During the segment the reporter stated that the National Party’s claim that Labour would increase income tax if elected was a ‘lie’. The Authority did not uphold a complaint that this comment was unfair and biased. The Authority emphasised that it is an important function of the media to comment critically on party policies and actions and that this type of speech has high value in terms of the right to freedom of expression, particularly during election time. Political parties should expect to be subject to robust criticism and the Authority was satisfied the political reporter’s comment did not go beyond what could be expected during the election period. The Authority did not consider the comment amounted to ‘political bias’ as alleged in the complaint, or that it resulted in the National Party being treated unfairly.
Not Upheld: Balance, Fairness
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Keam and Television New Zealand Ltd - 2017-090open_in_new
During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election.
Not Upheld: Good Taste and Decency
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