The Authority has not upheld a complaint that a segment on 7 Days was unfair to a singer who performed the New Zealand national anthem ahead of an All Blacks game in San Diego. The complainants said the broadcast was unfair to the performer and unbalanced, noting she was accused of ‘butchering’ the anthem and called ‘Dunedin’s most well-known murderer’. The Authority found the programme was not unfair, noting: viewers were unlikely to interpret the programme as suggesting the performer was an actual murderer or criminal; having chosen to perform at such an event, she could reasonably expect comment on her performance; viewers would not have been left with an unfairly negative impression of the performer; comments were directed at the performance rather than the performer personally; and that comedy and satire are valuable forms of expression. The balance standard did not apply.
Not Upheld: Fairness, Balance
The Authority has not upheld a complaint that a promo for comedy series Colin from Accounts which included a brief reference to one character’s ‘move,’ ‘the nipple flash,’ breached the children’s interests standard. The Authority found nothing in the promo was inappropriate for, or likely to adversely affect, children; it was broadcast during an unclassified news programme that routinely includes content potentially unsuitable for children, meaning adult supervision was expected; there was no explicit nudity or sexual content in the promo; and the reference was fleeting and not outside audience expectations.
Not Upheld: Children’s Interests
The Authority has declined to determine a complaint about a news item on RNZ National. The item included a brief comment of Israeli Prime Minister Benjamin Netanyahu from his first televised address following the deaths of key Hamas leaders which the complainant alleges was in breach of multiple standards. The Authority declined to determine the complaint finding it relates to a matter of editorial discretion/personal preference and identified no harm sufficient to outweigh the right to freedom of expression.
Declined to Determine under s 11(b) of the Broadcasting Act 1989: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance and Fairness
The Authority has not upheld a complaint under the accuracy standard about a Newstalk ZB news item reporting Israel’s bombing of a Gaza City school and included an academic’s perspective on the incident. The complainant argued the broadcast was misleading by not mentioning that the school was (according to Israel) a Hamas command post and therefore a ‘legitimate target’, and by including the academic’s comments. The Authority found the academic’s comments were analysis, comment, or opinion to which the standard does not apply. It also found that choosing to not include Israel’s rationale for the bombing was a matter for the broadcaster’s editorial discretion. The broadcast was not materially inaccurate, and did not give a wrong idea or impression of the facts.
Not Upheld: Accuracy
The Authority has not upheld a complaint about a Seven Sharp segment on the cancellation of drag storytime events due to ‘nasty backlash online’ from Destiny Church and Family First. The complainant considered the segment discriminated against and denigrated Christians, men, and others with conservative values, was unbalanced, and was unfair towards Destiny Church, Family First, and those with ‘traditional family values’. The Authority found the standards did not apply to the broad group of people holding the particular values specified. It found the segment did not encourage the discrimination or denigration of Christians, and the phrase ‘don’t be a dick’ was not ‘anti-male’, as claimed by the complainant. It found the broadcast adequately presented significant perspectives in compliance with the balance standard. Destiny Church and Family First were also treated fairly: the threshold for finding unfairness is higher for public figures, and both organisations were invited to respond - which Family First did, and their comments were read out on-air.
Not Upheld: Discrimination and Denigration, Balance, Fairness.
The Authority has not upheld a complaint alleging a 1News item on a Donald Trump campaign rally breached the promotion of illegal or antisocial behaviour standard. The complaint was that the item portrayed Trump, his supporters and the Trump campaign in a positive light, while failing to mention his participation in election denial; as a result, the segment could encourage some viewers to participate in election denial. The Authority found this was a straightforward news item covering Trump’s campaign rally, before offering typical political commentary from the US Correspondent on Trump’s election chances. The broadcast did not promote or glamorise illegal or antisocial activity, nor encourage New Zealand voters to engage in election denial.
Not Upheld: Promotion of Illegal or Antisocial Behaviour
The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged?’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines. However, the Authority concluded the potential harm caused by the omission was not sufficient to justify regulatory intervention, viewing the item as a whole and given the online version of the story (and other media) reported the relevant statement from the press release. The Authority found no breach of the balance or fairness standards.
Not Upheld: Accuracy, Balance, Fairness
The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate. The balance standard was not breached due to the widespread reporting of significant perspectives on the conflict and because the interviews were each clearly signalled as providing the interviewees’ perspectives. The Authority found content in the 21 April interview was not unfair to Hamas, would not have disproportionately offended or disturbed the audience, and did not reach the high threshold required to find a breach of the discrimination and denigration standard. The Authority also noted the high public interest in current affairs coverage of the Israel/Hamas conflict and the valuable expression contained in the interviews, finding any harm caused by the relevant broadcasts was insufficient to outweigh the broadcaster’s right to freedom of expression and the audience’s right to hear, and judge for themselves, the arguments of the Israeli government.
Not Upheld: Accuracy, Offensive and Disturbing Content, Discrimination and Denigration, Balance, and Fairness
The Authority has not upheld a complaint that a Te Karere item reporting on the tangihanga of a prominent Māori activist and author breached the offensive and disturbing content, and privacy standards. The complaint was that the general fact of filming inside the whare tūpuna (meeting house) at the tangi was highly offensive as it was contrary to tikanga and the deceased’s wishes, and that the broadcast breached the complainant’s, the deceased’s and tūpuna (ancestors’) privacy. The Authority acknowledged the broadcast contributed to the distress and upset felt by the complainant. However, applying the standards and having regard to external cultural advice, the Authority did not consider the broadcast was likely to cause widespread disproportionate offence or distress to Te Karere’s audience. The Authority noted: the broadcaster appeared to have taken appropriate steps to respect and comply with relevant tikanga and obtain the appropriate permissions; the public interest in the broadcast; audience expectations of Te Karere; and the respectful tone of the item. The Authority found the broadcast did not breach the complainant’s privacy, as the brief footage of the complainant at the tangi was not highly offensive. The privacy standard does not apply to deceased individuals.
Not Upheld: Offensive and Disturbing Content, Privacy
The Authority has declined to determine a complaint about a 1News report on the recent rise in COVID-19 infections in New Zealand. The complainant alleged the programme was unbalanced for not mentioning a Cleveland Clinic study, which he alleged ‘shows a higher number of covid cases for each dose of the covid vaccine’, or other information about the effectiveness of the vaccine. The Authority declined to determine the complaint as the broadcast did not discuss a controversial issue of public importance and the broadcaster’s decision adequately addressed the complaint.
Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance