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 concerning a remark on 1 News about Pasifika people having a sense of comfort when dealing with clinicians and other staff who look like them. The complainant alleged this was racist. The Authority found in all the circumstances the complaint should not be determined as it concerned an interpretation of the remark that no reasonable viewer would reach.

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

The broadcast

[1]  During an episode of 1 News, broadcast on 9 September 2021 on TVNZ 1, an item was aired examining the struggles of Pasifika families in MIQ facilities to receive adequate healthcare, and ‘wraparound’ support services being introduced. Tevita Funaki, spokesperson for The Fono (a Pacific health and social services provider based in Auckland) was interviewed and stated:

It's critical at MIQ that we have more Pacific workforce that are working in there, that actually communicate, you know, there's a sense of comfort when you go in and the clinicians or the people that are actually working with you [look] like you, understand who you are.

The complaint

[2]  Dan Wayman complained the comment about Pasifika people being more comfortable with clinicians who look like them breached the discrimination and denigration standard. He argued it was racist and ‘if anyone requests healthcare from a person [who] “looks like them” then they are likely to be refused treatment based on discrimination and racism’.

The broadcaster’s response

[3]  The broadcaster did not uphold the complainant’s complaint as:

• The broadcast was discussing how poorly Pasifika persons were treated in MIQ facilities and that there were language barriers involved in this.
• The comment complained about was a ‘reasonable expression of comfort in finding someone who is culturally similar to oneself to communicate with’.
• ‘[TVNZ] do not agree that the comment in question states or infers that any section in society is inherently inferior or has inherently negative characteristics.’

Outcome: Declined to determine

[4]  We have watched the broadcast and read the correspondence listed in the Appendix.

[5]  We note the complainant also referred to issues he was having on social media. Our jurisdiction does not extend to online material,¹ so we have only addressed the broadcast item.

[6]  In our view, the complaint concerns an interpretation of Tevita Funaki’s comment that no reasonable viewer would reach, ie that reference to what might give one community a ‘sense of comfort’ (in the context of a discussion about improving health outcomes for this community) was somehow racist.

[7]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if it considers that, in all the circumstances of the complaint, it should not be determined by the Authority. In these circumstances, we consider it appropriate to exercise this power.

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 MNZM
Acting Chair
1 December 2021

Appendix

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

1  Dan Wayman’s complaint to TVNZ – 13 September 2021

2  TVNZ’s decision – 7 October 2021

3  Wayman’s referral to the BSA – 8 October 2021

4  TVNZ’s confirmation of no further comments – 3 November 2021

¹ Section 6, Broadcasting Act 1989