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Bulletin Number 89
Message from the Chief Executive
Tēnā koutou
This is our first Pānui for 2019 and is packed with guidance from the Authority in nineteen decisions issued already this year.
The Authority and staff team hit the ground running after the summer break, with nineteen decisions by the Authority released over the last two months. These include some challenging decisions that have tested the Authority on issues of fairness and privacy in news and investigative reporting. Our 2018 Annual Report found that ensuring accurate, fair and balanced news and current affairs reporting continued to be a key concern for audiences in New Zealand. As the Authority noted in one of its decisions released this month, this type of broadcasting raises 'difficult and challenging questions about where the balance lies between the freedom of journalists to investigate, publish and broadcast on the one hand; and on the other, the right of individuals to be protected from the harm that may arise from such publications and broadcasts'. You can find links to the decisions released this month, as well as summaries of selected decisions, below.
In making its decisions, the Authority seeks to achieve the right balance between the prevention of harm, both to individuals and to audiences generally, and the right to freedom of expression. Understanding and preventing harm is a key focus for the Authority in the coming year, particularly harm to those who may be vulnerable, such as children and young people.
Finally, I hope you managed to catch some of the incredible performances at Te Matatini ki te Ao 2019 here in Wellington over the weekend - congratulations to the many performers, supporters and whānau who were involved.
Ngā mihi
Belinda
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Over the last month:
- The Authority published nineteen broadcasting standards decisionsopen_in_new.
- We have continued to build our new website, which we expect will go live at the end of March.
- We have initiated a number of research projects, including our annual litmus testing and our annual broadcaster survey. Please make time to complete any surveys we send to you, as it assists us to improve our services.
- We have been chasing outstanding levy returns. If you have not yet filed your return, please see our website hereopen_in_new for more information and email your return to levies@bsa.govt.nz.
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The nineteen decisions issued in January and February are available on our website, and include:
Radio
Free-to-Air Television
- Seven Complainants and Television New Zealand Ltdopen_in_new - Sunday - Privacy (Not Upheld, highlighted below)
- Durie & Hall and Māori Television Serviceopen_in_new - Te Kāea - Accuracy, Fairness (Not Upheld, highlighted below)
- Two Complainants and Television New Zealand Ltdopen_in_new - Sunday - Privacy, Fairness, Accuracy (Not Upheld)
- Chapple and Television New Zealand Ltdopen_in_new - Sunday - Balance, Accuracy (Not Upheld)
- Taylor and Television New Zealand Ltdopen_in_new - Breakfast - Good Taste and Decency (Not Upheld)
- Bartlett and Television New Zealand Ltdopen_in_new - Breakfast - Good Taste and Decency, Discrimination and Denigration (Not Upheld)
- Elliott and Television New Zealand Ltdopen_in_new - 1 News - Accuracy (Not Upheld)
- Keeley and Television New Zealand Ltdopen_in_new - Seven Sharp - Good Taste and Decency (Not Upheld)
- Anson and MediaWorks TV Ltdopen_in_new - The Project - Accuracy (Not Upheld)
- Chapple, Grieve & Shierlaw and Television New Zealand Ltdopen_in_new - Sunday - Balance, Accuracy, Fairness (Not Upheld)
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Complaints about Free-to-Air Television Broadcasts
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Seven Complainants and Television New Zealand Ltdopen_in_new - 2018-049
The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one‑on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals. However, in this case the Authority recognised the legitimate public interest in the issue of gay conversion therapy in New Zealand, and the role of investigative journalism in disclosing issues such as this to the New Zealand public. The Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera and therefore did not uphold the privacy complaints.
Not Upheld: Privacy
Read our media release on this decision hereopen_in_new.
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Durie & Hall and Māori Television Serviceopen_in_new - 2018-066
An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service. The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole. The Authority did not consider that the broadcast created an unfairly negative impression of the complainants and, as they were unlikely to be adversely affected by the broadcast, their comment was therefore not required to be included in order for them to be treated fairly. Overall, the Authority did not consider the harm alleged by the complainants outweighed the right to freedom of expression, and its intervention in upholding the complaint would therefore be unreasonable and unjustified.
Not Upheld: Accuracy, Fairness
Read our media release on this decision, in both English and te reo Māori, hereopen_in_new.
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Complaints about Radio Broadcasts
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Avery and NZME Radio Ltd - 2018-076open_in_new
The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards. In this case, it took into account well established audience expectations of Coast FM, the historical and social significance of the song and Bob Dylan as an artist, and the use of the word in the narrative of a 1970s political protest song. Taking these contextual factors into account, the Authority found that the broadcast of the word in this song was justified on this occasion.
Not Upheld: Good Taste and Decency, Discrimination and Denigration
Read our media release on this decision hereopen_in_new.
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