BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5.20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code). The Authority did not uphold the complaint, finding that, while the images may be confronting for some viewers, they related to Ban 1080’s main political policy message, and in the context the high threshold necessary to find a breach of the good taste and decency standard was not met. The Authority emphasised the importance and value of political expression, particularly in the lead up to a general election.

Not Upheld: Election Programmes Subject to Other Codes, Good Taste and Decency

An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results. The Authority found that, by not giving Trident the opportunity to respond to this allegation, the item was unfair. However, the Authority found that Dr Norman’s statement was based on records of the trial and on the findings of an independent inquiry into MPI’s prosecution decisions, and so his summary of those findings was not misleading or inaccurate. In the context of an item about the QMS and commercial fish dumping, the Authority found that Dr Norman’s statement, which was limited to past monitoring trials, did not amount to discussion of a controversial issue of public importance which triggered the requirements of the balance standard.

Upheld: Fairness; Not Upheld: Accuracy, Balance. Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs to complainant

The song ‘(I Wanna Be) Your Underwear’ by Bryan Adams was broadcast on Puketapu Radio at 11.20am on 18 August 2017. The song contained lyrics such as, ‘I wanna be your lipstick when you lick it’ and ‘I wanna be your underwear’. The Authority did not uphold a complaint that the broadcast of this song was in poor taste. While it acknowledged that the lyrics were crude, the lyrics were in the nature of sexual innuendo, did not contain any explicit language and were similar to the innuendo contained in the lyrics for many rock or hard rock songs. The Authority reminded the broadcaster of its responsibilities under the Broadcasting Act 1989, particularly regarding the expectation for broadcasters to retain recordings of all broadcasts for 35 days.

Not Upheld: Good Taste and Decency

A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z. The Authority found that little, if any, sensitivity or respect was shown for the dignity, safety, reputation and mental wellbeing of the parties involved, and this represented a serious breach of broadcasting standards and a serious lack of understanding of the parties’ right to privacy.

Upheld: Privacy

Orders: Section 13(1)(d) $3,000 compensation to JN and $3,000 compensation to Z for the breaches of privacy; Section 16(4) $2,500 costs to the Crown

In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy. The Authority also found aspects of the broadcasts, which contained comments about women, were unacceptable in New Zealand society and in breach of the good taste and decency standard. The Authority did not uphold the complaint under the remaining broadcasting standards.

Upheld: Good Taste and Decency, Privacy, Fairness

Not Upheld: Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Alcohol, Balance, Accuracy

Orders: Section 13(1)(a) broadcast statement

An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8.30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found that, taking into account the context, including that MMA: One Championship Weekly is an unclassified sports highlights show, the target audience of both the channel and the programme, and signposting at the beginning of the programme about the martial arts content, the fight footage used did not breach broadcasting standards.

Not Upheld: Good Taste and Decency, Children’s Interests, Violence

A segment on RNZ National’s programme This Way Up, titled ‘Why Women Live Longer’, featured an interview with a science journalist about her latest book. In the introduction to the segment, the programme presenter referred to the average life expectancy of men and women in New Zealand born in 2016. Mr Golden complained to the broadcaster under the accuracy standard that the references to life expectancy did not take into account quality of life. The Authority declined to determine the complaint on the basis that it was frivolous and trivial, and concerned matters of personal preference rather than matters of broadcasting standards that can be addressed under the Radio Code.

Declined to Determine: Accuracy

During a talkback segment on Overnight Talk, a caller rang up to discuss Metiria Turei’s resignation as Co-Leader of the Green Party in the wake of benefit and electoral fraud allegations. The caller made the remark that, ‘[i]t’s almost a situation where, the Green Party are in a room and Metiria dropped a big, fat, juicy, smelly fart.’ A complaint was made that the caller’s comments were demeaning and derogatory towards Ms Turei, and breached the discrimination and denigration standard. The Authority did not uphold the complaint, noting that the discrimination and denigration standard applies only to sections of the community, and it does not apply to individuals. Even had the standard applied, the Authority was satisfied that, while some may find the choice of language distasteful, the comments did not reach the high threshold necessary to find a breach.

Not Upheld: Discrimination and Denigration

A segment on Morning Report discussed a press release by a named investment banking firm. The Authority declined jurisdiction to accept and consider a complaint that the programme ought to have disclosed certain alleged conduct by that firm. The Authority found the broadcaster was correct to not accept this as a valid formal complaint, as the complaint was based on the complainant’s own opinion of the firm rather than raising issues of broadcasting standards within the broadcast.

Declined Jurisdiction

A National Party campaign advertisement (an election programme for the purposes of the Election Programmes Code) parodied Labour’s campaign motto, ‘Let’s do this’ with an advertisement with the tagline, ‘Let’s tax this’. The advertisement suggested that a Labour government would impose a number of new taxes (a capital gains tax, land tax, regional fuel tax, income tax, water tax and a ‘fart tax’). A voiceover at the conclusion of the advertisement said: ‘There’s still only one way to stop Labour’s taxes. Party vote National’. The Authority did not uphold a complaint that the election programme was inaccurate and misleading by implying a number of ‘bad’ taxes would be introduced or raised by Labour, which was not the case. The Authority considered it would be clear to viewers that the election programme was a campaign advertisement for the National Party, which clearly advocated the National Party’s own views. As such, the advertisement reflected the National Party’s opinion and analysis of Labour’s policies and viewers would not have been misled. The Authority also emphasised the importance of political speech and concluded that, in the robust political environment leading up to the election, the high threshold for finding a breach of broadcasting standards was not met.

Not Upheld: Distinguishing Factual Information from Opinion or Advocacy