BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

During Breakfast, a news presenter laughed before introducing a report regarding Remembrance Sunday. The Authority found this did not breach the good taste and decency standard. In this context, the laughter was clearly directed at another presenter sneezing on-air, not at the story, and would not have caused audiences undue offence or distress, or undermined widely shared community standards.

Not Upheld: Good Taste and Decency

The broadcast

[1]  During a broadcast of Breakfast on 12 November 2021, presenter Jenny Suo was distracted by co-host Matt McLean sneezing. She laughed and apologised before proceeding to a news item regarding Remembrance Sunday in the United Kingdom. After the sneeze, she said, while laughing, ‘The UK has come together, sorry, Matty just sneezed.’ McLean said, ‘sorry’, Suo continued laughing and said:

Back to the news, the UK has come together – it's not COVID, it's fine – to commemorate Armistice Day after last year's ceremonies were disrupted by the pandemic. A two-minute silence was held to mark one hundred and three years since the end of fighting in the First World War…

The complaint

[2]  Richard O’Mahony complained the broadcast breached the good taste and decency standard on the basis it was highly inappropriate and offensive for the presenter to burst out laughing before discussing a sensitive topic.

The broadcaster’s response

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

• Breakfast is aimed at an adult audience.
• The reaction to the sneeze was not meant to be disrespectful, and was a normal reaction to an unexpected interruption.
• ‘The discussion concerning this was consistent with the kind of informal and quirky conversations which often feature on the programme, and the tone was typical of the light-hearted approach which would be expected by viewers.’
• The comments would not offend or disturb a significant number of viewers.

The standard

[4]  The good taste and decency standard¹ states current norms of good taste and decency should be maintained, consistent with the context of the programme. The standard is intended to protect audiences from content likely to cause widespread undue offence or distress, or undermine widely shared community standards.²

Our analysis

[5]  In considering this complaint we have viewed the broadcast and read the correspondence listed in the Appendix.

[6]  The right to freedom of expression is an important right in a democracy. It is important that we weigh the right to freedom of expression against the harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.

[7]  The context in which such a statement occurs and the wider context of the broadcast are relevant to assessing whether a programme has breached the good taste and decency standard.³ We note this was a live news broadcast, and we have previously acknowledged that on-air mistakes do take place.⁴ The relevant contextual factors considered here include:

• Breakfast is an unclassified, light-hearted morning show aimed at a general audience.
• The sneezing and laughter lasted for approximately 10 seconds, occurred during a transition between news reports and did not persist further into the item.
• The comment was made in the context of a live broadcast, meaning the broadcaster had no opportunity to correct the mistake.
• It was clear Suo’s laughter was an uncontrolled reaction to McLean’s sneeze, and was not intended to be disrespectful.
• Remembrance Sunday is an important annual occasion in the United Kingdom, marking the end of the First World War.

[8]  Overall, given this was a live news broadcast, it was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards. Viewers would understand that this was an uncontrolled, human reaction, and not intended to denigrate Remembrance Sunday.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
16 February 2022    

Appendix

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

1  Richard O’Mahony’s formal complaint – 12 November 2021

2  TVNZ’s decision on the complaint – 8 December 2021

3  O’Mahony’s referral to the Authority – 8 December 2021

4  TVNZ’s confirmation of no further comments – 14 December 2021

¹ Standard 1, Free-to-Air Television Code of Broadcasting Practice
² Commentary: Good Taste and Decency, Broadcasting Standards in New Zealand Codebook, page 35
³ Guideline 1a
⁴ See for example Bartlett and Television New Zealand Ltd, Decision No. 2018-093 at [9]