BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.] 

The Authority has declined to determine a complaint under the offensive and disturbing content standard, regarding a 1News football match preview which included a montage of crowd shots. The complaint was about a crowd shot where a Palestinian flag was visible. The Authority has declined to determine the complaint on the grounds it concerned matters of personal preference and did not raise issues of potential harm which required the Authority’s intervention.

Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined) Offensive and Disturbing Content

The broadcast

[1]  The 3 December 2024 1News broadcast included an item previewing an upcoming match between Auckland Football Club (FC) and the Wellington Phoenix FC through a montage of crowd shots, where a Palestinian flag was visible.

The complaint

[2]  Neil Johnson complained the broadcast breached the offensive and disturbing content standard of the Code of Broadcasting Standards in New Zealand as the Palestinian flag in a crowd scene was ‘disturbing and offensive content and out of context’.

The broadcaster’s response

[3]  Television New Zealand Ltd (TVNZ) did not uphold the complaint for the following reasons:

• ‘The Palestinian flag was not the focus of the shot and was not referenced in the story.’
• ‘It was an incidental inclusion in a shot whose intention was to inform viewers about the size and nature of the Auckland FC crowds.’
• ‘It is common for people to express support for Palestine, and they do so by displaying the Palestinian flag.’
• ‘It is highly unlikely that the brief shot in question caused widespread undue offence or distress. No breach of standard one has been identified.’

Outcome: Decline to determine

[4]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine complaints if it considers, in all the circumstances of the complaint, it should not be determined by the Authority.  

[5]  In this case, the Authority considers it appropriate to exercise its section 11(b) discretion on the following grounds:

• The complainant has not explained why the depiction of a Palestinian flag in the crowd might disproportionately offend or disturb the audience as contemplated under the offensive and disturbing content standard.
• The inclusion of the Palestinian flag in the broadcast was incidental within the context of crowd scenes at the football match.
• The purpose of broadcasting standards in New Zealand is to recognise the potential harms broadcasting can cause and guard against them.¹ The complainant’s arguments do not raise issues of potential harm which require our intervention.
• The broadcaster’s response adequately addressed the complaint.

For the above reasons the Authority declines to determine the complaint under section 11(b) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

Susie Staley
Chair
22 April 2025    

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Johnson’s original complaint – 3 December 2024

2  TVNZ’s decision – 14 January 2025

3  Johnson’s referral to the Authority – 12 February 2025

¹ Introduction, Code of Broadcasting Standards in New Zealand, page 4