BSA Pānui - August 2019

• The Election Codeopen_in_new review is ongoing and we will shortly be releasing a public consultation document in relation to proposed changes. The proposed amendments have been prepared in consultation with broadcasters and other stakeholders, the public will be encouraged to have their say. 
• We have had many inquiries around promos this month. Our decision on Burton and Television New Zealand Ltdopen_in_new regarding a promo played during a G classified programme offers some important guidance to broadcasters on broadcasters obligations when programming promos. Important factors to consider include the classification of the host programme, as well as audience expectations and the target and likely audience at the time the promo is aired.
• This month we sadly said farewell to Senior Legal Advisor, Catie Murray. Catie joined the BSA in 2016 and made an exceptional contribution to the BSA for which we are very grateful. It has been a pleasure to have Catie as a part of our team and we wish her fun and success in her adventures overseas.

NT and Television New Zealand - 2019-028 (19 August 2019)open_in_new

Warning: This decision contains content that some readers may find distressing.

Following the 15 March 2019 attacks on two mosques in Christchurch, 1 News at 6pm twice broadcast an edited clip taken from the alleged attacker’s 17‑minute livestream video. The Authority did not uphold a complaint that the broadcast was in breach of the good taste and decency and violence standards. The content of the clip, and the broadcast as a whole, was newsworthy and had a high level of public interest. The very brief clip was an edited segment of the livestream video which provided information to audiences, but which did not contain explicit graphic or violent content and did not promote or glorify the actions of the attacker. Specific warnings and extensive signposting ensured audiences were sufficiently informed about the disturbing nature of the content. Taking into account the unprecedented nature of these attacks in New Zealand, the Authority found that the alleged harm did not outweigh the important right to freedom of expression and the high level of public interest in the broadcast. The Authority’s intervention in upholding the complaint would therefore represent an unreasonable or unjustified limit on the right to freedom of expression.

Not Upheld: Good Taste and Decency, Violence   

 The Authority has upheld a complaint that a promo for The Shallows shown during Finding Dory breached the children’s interests standard. The Authority found that the promo, which featured sinister and scary shark related content, was inappropriate for a child audience which would likely have been disturbed or alarmed by it. The Authority noted the importance of scheduling and editing promos for AO programmes appropriately, taking into account the classification of the host programme, and also the time of broadcast, target and likely audience of the host programme, and audience expectations. In considering the contextual factors, the Authority also found that the promo did not meet the G classification of the host programme. The Authority made no orders, and determined that the publication of the decision was sufficient to publicly notify and remedy the breach and would provide appropriate guidance to the broadcaster and to broadcasters generally.

Upheld: Children’s Interests. No order.

Warning: This decision contains content that some readers may find distressing.

During coverage of the 15 March 2019 attacks on two mosques in Christchurch, SKY Network Television channel 085, Sky News New Zealand, included a number of edited clips taken from the alleged attacker’s 17‑minute livestream video. The Authority upheld a complaint that the broadcast was in breach of the violence and law and order standards. While the broadcast as a whole was newsworthy and had a high level of public interest, the clips themselves contained disturbing violent content, which had the potential to cause significant distress to members of the public, and particularly to the family and friends of victims and the wider Muslim community in New Zealand. In the context of the attacks, the content of these clips also risked glorifying the alleged attacker and promoting his messages. As such, the degree of potential harm that could be caused to audiences was greater than the level of public interest, and the Authority found overall that these clips, in the form broadcast, should not have been aired.

Upheld: Violence, Law and Order; Declined Jurisdiction: Balance, Accuracy, Fairness

Order: Section 16(4) – $4,000 in costs to the Crown