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 alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion.

Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness

The broadcast

[1]  An episode of R&R, broadcast on 13 March 2022 on Three, featured a discussion with two guest panellists on whether it is ‘time to relinquish the relics of our colonial past’ from a Māori perspective.

The complaint

[2]  Paul McKinley complained the broadcast (and programme more generally) breached the good taste and decency, discrimination and denigration, accuracy and fairness standards:

• ‘I switched channel from Q+A and once again was presented with racist, derogatory and a bigoted attitude from the presenters and their guests towards white people. I could guarantee that every time I have switched to this program over the years that disproportionate representation and oppression by the white people towards Maori is expressed.’
• ‘I came to this country 11 years ago and I have never oppressed or made racist comments to anyone and therefore why should I be grouped with people and events from the past. I seriously think that this TV program needs to be reviewed as in my opinion it is [fuelling] racial hatred against white people.’
• The ‘Discovery Standards Committee seems to think it is acceptable for a current affairs programme, whether a Maori perspective or not, to have a biased and what I deem a racist [view] towards Pakeha.’

The broadcaster’s response

[3]  Discovery NZ Ltd (Discovery) did not uphold the complaint under any standards, noting:

• ‘R & R is a lively current affairs programme with a Māori perspective, hosted by Te reo Māori speakers K'Lee and Eru.’
• ‘The Committee is satisfied the discussion in the Broadcast was a legitimate and valuable contribution to the wider discussion about New Zealand's colonial history.’

Outcome: declined to determine

[4]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint 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 s 11(b) discretion on the following grounds:

a)  The complainant does not identify any particular inaccuracy or part of the broadcast said to breach of broadcasting standards. Rather, the complaint appears to be the perspective is generally biased against ‘white people’.

b)  The broadcast discussed Aotearoa New Zealand’s colonial history and the benefits of ‘relinquishing the relics of our colonial past’. It was clearly presented from a Māori perspective and this presents no standards issues.¹ It is well established the course of New Zealand’s histories has been shaped by the use of power (and as of 2023, this will be taught in schools and kura).²

c)  A complaint regarding the presentation of a particular perspective (without more) is generally not an issue capable of being resolved by a complaints procedure because it relates to personal preference and is a matter for editorial discretion.³

[6]  Therefore, in all the circumstances of the complaint, it should not be determined by the Authority.

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
18 May 2022

Appendix

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

1  Paul McKinley’s complaint to Discovery – 13 March 2022

2  Discovery’s response to the complaint – 7 April 2022

3  McKinley’s referral (and comments) to the Authority – 11 and 12 April 2022

4  Discovery’s confirmation of no further comments – 13 April 2022

¹ See Mochnacki and Radio New Zealand Ltd, Decision No. 2022-008 for a similar finding
² See Aotearoa NZ’s Histories “Content Overview” (2022) Ministry of Education | Te Tāhuhu o te Mātauranga <aotearoahistories.education.govt.nz>
³ See section 5(c) of the Broadcasting Act 1989, which states that complaints based merely on a complainant’s preferences are not, in general, capable of being resolved by a complaints procedure