BSA Bulletin - November 2017

Latest Decisions

Thomas and SKY Network Television Ltd - 2017-082 open_in_new

A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5.20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code). The Authority did not uphold the complaint, finding that, while the images may be confronting for some viewers, they related to Ban 1080’s main political policy message, and in the context the high threshold necessary to find a breach of the good taste and decency standard was not met. The Authority emphasised the importance and value of political expression, particularly in the lead up to a general election.

Not Upheld: Election Programmes Subject to Other Codes, Good Taste and Decency 

Trident Systems Ltd and Radio New Zealand Ltd - 2017-044 open_in_new

An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results. The Authority found that, by not giving Trident the opportunity to respond to this allegation, the item was unfair. However, the Authority found that Dr Norman’s statement was based on records of the trial and on the findings of an independent inquiry into MPI’s prosecution decisions, and so his summary of those findings was not misleading or inaccurate. In the context of an item about the QMS and commercial fish dumping, the Authority found that Dr Norman’s statement, which was limited to past monitoring trials, did not amount to discussion of a controversial issue of public importance which triggered the requirements of the balance standard.

Upheld: Fairness; Not Upheld: Accuracy, Balance. Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs to complainant

Read our media release on this decision hereopen_in_new. 

Singh and Radio Virsa - 2017-001 open_in_new

In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy. The Authority also found aspects of the broadcasts, which contained comments about women, were unacceptable in New Zealand society and in breach of the good taste and decency standard. The Authority did not uphold the complaint under the remaining broadcasting standards.

Upheld: Good Taste and Decency, Privacy, Fairness

Not Upheld: Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Alcohol, Balance, Accuracy

Orders: Section 13(1)(a) broadcast statement

JN and MediaWorks Radio Ltd - 2017-053 open_in_new

A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z. The Authority found that little, if any, sensitivity or respect was shown for the dignity, safety, reputation and mental wellbeing of the parties involved, and this represented a serious breach of broadcasting standards and a serious lack of understanding of the parties’ right to privacy.

Upheld: Privacy

Orders: Section 13(1)(d) $3,000 compensation to JN and $3,000 compensation to Z for the breaches of privacy; Section 16(4) $2,500 costs to the Crown

During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression. The Authority however reminded the broadcaster of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, which did not occur in this case.

Not Upheld: Good Taste and Decency, Law and Order, Programme Information, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness 

Golden and Radio New Zealand Ltd - 2017-062open_in_new

A segment on RNZ National’s programme This Way Up, titled ‘Why Women Live Longer’, featured an interview with a science journalist about her latest book. In the introduction to the segment, the programme presenter referred to the average life expectancy of men and women in New Zealand born in 2016. Mr Golden complained to the broadcaster under the accuracy standard that the references to life expectancy did not take into account quality of life. The Authority declined to determine the complaint on the basis that it was frivolous and trivial, and concerned matters of personal preference rather than matters of broadcasting standards that can be addressed under the Radio Code.

Declined to Determine: Accuracy

Anderson and NZME Radio Ltd - 2017-066open_in_new

During a talkback segment on Overnight Talk, a caller rang up to discuss Metiria Turei’s resignation as Co-Leader of the Green Party in the wake of benefit and electoral fraud allegations. The caller made the remark that, ‘[i]t’s almost a situation where, the Green Party are in a room and Metiria dropped a big, fat, juicy, smelly fart.’ A complaint was made that the caller’s comments were demeaning and derogatory towards Ms Turei, and breached the discrimination and denigration standard. The Authority did not uphold the complaint, noting that the discrimination and denigration standard applies only to sections of the community, and it does not apply to individuals. Even had the standard applied, the Authority was satisfied that, while some may find the choice of language distasteful, the comments did not reach the high threshold necessary to find a breach.

Not Upheld: Discrimination and Denigration

Esler and MediaWorks Radio Ltd - 2017-068open_in_new

An interview was broadcast on Afternoons with Wendyl Nissen with a journalist, about an article she had written regarding the upcoming perjury trial of the secret witnesses who testified in David Tamihere’s murder trial. During the interview the journalist discussed the discovery of one victim’s body, saying, ‘you think of a body turning up… it’s really… bones. The trampers who found [the] body actually stepped on it before they saw it.’ Ms Nissen replied: ‘So there was a crunch’, adding, ‘– sorry to be disgusting’. A complaint was made that this comment was ‘disgusting, disrespectful’ and ‘in poor taste’. The Authority did not uphold the complaint under the good taste and decency standard, finding that Ms Nissen’s immediate apology after the comment, and other contextual factors, mitigated any potential harm or distress caused by the comment, and it did not reach the high threshold necessary to find a breach of the good taste and decency standard.

Not Upheld: Good Taste and Decency

Golden and Radio New Zealand Ltd - ID2017-073open_in_new

A segment on Morning Report discussed a press release by a named investment banking firm. The Authority declined jurisdiction to accept and consider a complaint that the programme ought to have disclosed certain alleged conduct by that firm. The Authority found the broadcaster was correct to not accept this as a valid formal complaint, as the complaint was based on the complainant’s own opinion of the firm rather than raising issues of broadcasting standards within the broadcast.

Declined Jurisdiction

McCraw and Puketapu Radio - 2017-075 open_in_new

The song ‘(I Wanna Be) Your Underwear’ by Bryan Adams was broadcast on Puketapu Radio at 11.20am on 18 August 2017. The song contained lyrics such as, ‘I wanna be your lipstick when you lick it’ and ‘I wanna be your underwear’. The Authority did not uphold a complaint that the broadcast of this song was in poor taste. While it acknowledged that the lyrics were crude, the lyrics were in the nature of sexual innuendo, did not contain any explicit language and were similar to the innuendo contained in the lyrics for many rock or hard rock songs. The Authority reminded the broadcaster of its responsibilities under the Broadcasting Act 1989, particularly regarding the expectation for broadcasters to retain recordings of all broadcasts for 35 days.

Not Upheld: Good Taste and Decency 

During The Edge’s afternoon show Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. A complaint was made that Mr Pryor’s use of the term ‘wanker’ was inappropriate and offensive. The Authority found that, taking into account relevant contextual factors including The Edge’s target audience, audience expectations of Jono, Ben & Sharyn and the nature of the explicit language used, the comment did not reach the threshold required to justify limiting the broadcaster’s right to freedom of expression.

Not Upheld: Good Taste and Decency, Children’s Interests

A segment on Checkpoint featured an interview with former Green Party Co-Leader Metiria Turei. The interview occurred just after Ms Turei had announced her resignation as Co-Leader. John Campbell questioned Ms Turei about the recent allegations of benefit fraud which had recently arisen, the effect these allegations had on her and whether they ultimately led to her resignation. The Authority did not uphold a complaint that the interview was unbalanced. While the subject matter amounted to a controversial issue of public importance, the Authority found alternate views were put forward through the use of ‘devil’s advocate’ questioning, and noted there was also considerable media coverage of the allegations, meaning there was a wide range of information available on the issue. The interview’s focus was Ms Turei’s response to the allegations, and as a whole would not have left the audience misinformed regarding the nature of the allegations and Ms Turei’s position.

Not Upheld: Balance 

Gregory and NZME Radio Ltd - 2017-081 open_in_new

Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now.’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained. The Authority recognised the important role of the media during an election period, when political parties and leaders should expect to be subject to robust scrutiny, and found that Mr Watson’s comments did not result in the Labour Party, or its leader Ms Ardern, being treated unfairly. The Authority found the balance standard did not apply to the Radio Sport Weekender programme, as listeners would not expect to hear balanced or authoritative coverage of election issues during this talkback sports programme.

Not Upheld: Fairness, Balance

Lewis and MediaWorks TV Ltd - 2017-069open_in_new

An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion.

Upheld: Good Taste and Decency, Children’s Interests, Violence
Not Upheld: Law and Order
No Order

Read our media release on this decision hereopen_in_new. 

An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8.30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found that, taking into account the context, including that MMA: One Championship Weekly is an unclassified sports highlights show, the target audience of both the channel and the programme, and signposting at the beginning of the programme about the martial arts content, the fight footage used did not breach broadcasting standards.

Not Upheld: Good Taste and Decency, Children’s Interests, Violence

During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech.’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression.

Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  

An item on Seven Sharp discussed the UK’s move to ban the sale of petrol and diesel cars by 2040, to encourage the use electric vehicles (EVs). Following the item, presenter Mike Hosking outlined the ‘hurdles’ to be overcome before a similar move could be made in New Zealand, stating that there was ‘no charging network’ in New Zealand and that the cost of EVs was ‘too high’. The Authority did not uphold a complaint that Mr Hosking’s statements were inaccurate and misleading. Noting that the accuracy standard does not apply to statements of analysis, comment or opinion, the Authority found that, in this case, Mr Hosking’s statements on the cost-effectiveness of EVs, and the lack of charging network in New Zealand, represented his own opinion and analysis on the topic, which viewers would not have expected to be authoritative. While the complainant may have disagreed with Mr Hosking’s views, the Authority found that these were opinions which were open to Mr Hosking to express, noting that the free and frank expression of opinions is an important aspect of the right to freedom of expression.

Not Upheld: Accuracy

A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting. In relation to the fairness standard, the Authority found that it is an important function of the media to comment critically on party policy and this type of speech has high value in terms of the right to freedom of expression, particularly during at election time. Party leaders should expect to be subject to robust criticism and the Authority was satisfied Mr Hooton’s comments, while critical, did not go beyond what can be expected  during the election period, nor did they result in Ms Ardern being treated unfairly.

Not Upheld: Balance, Fairness