BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party. The Authority emphasised the importance and value of political expression, particularly in the lead up to a general election, and in this context it did not consider the high threshold for finding a breach of standards was met.

Not Upheld: Accuracy, Distinguishing Factual Information from Opinion or Advocacy, Good Taste and Decency, Fairness, Balance

On 29 July 2017 the complainant raised with the Authority a complaint he had made to RNZ which he considered was outstanding, regarding the use of te reo Māori greetings and closings by presenters on RNZ National. The broadcaster had not accepted the complaint as a formal complaint under the Broadcasting Standards in New Zealand Codebook. The Authority therefore did not have jurisdiction to accept the complainant’s referral. The Authority further noted that, even if the complaint referral had been validly made, it would have found the content of the complaint to be trivial and vexatious, and would have declined to determine it.

Declined Jurisdiction

Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff. This programme featured Popoff and his wife preaching and allegedly healing audience members, as well as testimonies from various attendees about miracles and financial rewards received from God after they bought Popoff’s ‘Miracle Spring Water’. The Authority did not uphold a complaint that the programme was ‘fraudulent’, as it took advantage of viewers who may be misled by the programme into losing money. The Authority acknowledged the complainant’s genuine and well‑intentioned concerns. However, it found that the accuracy standard did not apply to religious programming, such as Peter Popoff’s Ministries, and programme selection and scheduling decisions fell to the responsible broadcaster to determine.

Not Upheld: Accuracy

A radio play, Playing with Fire, was broadcast on RNZ National on 22 and 26 February 2017, around the time of the Port Hills fires in Christchurch. The play followed a family as they were evacuated from their home in rural Canada due to a forest fire. The focus of the story was the struggling relationship between married couple Judy and Arnold, and its effect on their son, Daniel (who was described as having learning difficulties). The Authority did not uphold a complaint that the broadcast of this play, around the time of the Port Hills fires, was in poor taste. Programme selection and scheduling decisions were ultimately at the discretion of the broadcaster, and the Authority recognised the high value of the fictional work in terms of the right to freedom of expression. The Authority noted that while the play featured one scene that might have been challenging for listeners affected by the fires, this scene was brief and clearly sign-posted, and did not reach the threshold necessary to find a breach the standard.

Not Upheld: Good Taste and Decency

A RNZ News bulletin reported on the NZ Police Association’s view that a recent spate of Police shootings was the result of ‘too many firearms getting into the wrong hands’. During the bulletin, the presenter said: ‘The Association’s President… says more than 20,000 firearms, including semi-automatic military weapons, are stolen or sold to offenders each year.’ The Authority upheld a complaint that the presenter’s reference to more than 20,000 firearms being stolen or sold to offenders was inaccurate. According to the Police Association, the President should have been quoted as saying ‘over 50,000 firearms enter the country each year, a number of which are stolen or sold to offenders’. While the broadcaster attempted to correct the quote in the online version of the story after the broadcast, the amendment did not correct the error, and in the Authority’s view RNZ’s audience was misled as a result.

Upheld: Accuracy

No Order

A campaign clip for the National Party (an election programme for the purposes of the Election Programmes Code) was broadcast on TVNZ 1 on 28 August 2017. The clip featured a group dressed in blue running through New Zealand landscapes, who passed another group of four wearing red, green and black shirts with their legs tied together and struggling. The Authority did not uphold a complaint that the election programme breached the Election Programmes Code of Broadcasting Practice and was misleading on the grounds it implied that National was only a single party in Government. The election programme did not imitate any existing programme, format or identifiable personality as envisaged by the misleading programmes standard in the Election Programmes Code. In any event, the election programme was clearly promoting a party vote for the National Party and viewers understand that election programmes by their nature are authorial advocacy and designed to promote the party’s vision, should it be elected. In these circumstances, the Authority did not consider viewers would have been misled. The Authority also emphasised the importance and value of political expression, particularly in the lead up to a general election.

Not Upheld: Misleading Programmes

An item on Newshub reported on Waitangi Day events around New Zealand, including Bill English’s first Waitangi Day as Prime Minister and his phone call with US President Donald Trump. The item also featured comment on English’s attendance at Waitangi Day celebrations in Auckland, rather than at Waitangi. Comment was provided by Mr English, as well as political editor Patrick Gower, who said: ‘Waitangi Day celebrations will go on the road… away from Waitangi, away from the cauldron that is Te Tii Marae’. The Authority did not uphold a complaint that this item reflected the Government’s desire to control the image of, and de-politicise, Waitangi Day. The Authority acknowledged the national significance of Waitangi Day, and the views of the complainant as to how it should be celebrated. However, it found that Mr English’s and Mr Gower’s comments did not amount to material points of fact in the item, being analysis or commentary on the events of the day. This was a generally straightforward news item reporting on key events during Waitangi Day, and did not purport to provide in-depth commentary on historic controversies canvassed by the complaint.

Not Upheld: Accuracy, Fairness

Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. 

An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry. B operated a ‘low-intensive’ farm, with a focus on soil health and mixed pasture, while A used more traditional farming methods. The Authority did not uphold a complaint that the two farms were not representative of dairy farms in New Zealand, which was misleading, unbalanced, and unfair to the farmers involved and to the wider industry. The item was clearly approached from the narrow perspective of the two featured farmers, who provided their views based on their own experiences. As such, viewers would not have expected their perspectives, or their farms or farming practices, to be representative of the industry as a whole. The Authority found that, while some aspects of the programme may have been challenging for viewers, this did not reflect negatively on those featured, or on the wider industry. Given the item’s narrow perspective, it did not amount to a discussion of a controversial issue of pubic importance, and was therefore not subject to the requirements of the balance standard.

Not Upheld: Accuracy, Fairness, Balance

Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. 

An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles. B operated a ‘low-intensive’ farm, with a focus on soil health and mixed pasture, while A used more traditional farming methods. The Authority did not uphold a complaint that this item was misleading, unbalanced and treated one of the farmers, A, unfairly. The item was clearly approached from the narrow perspective of the two particular farmers, and was focused on hearing their views about the issues canvassed in the item. As such, viewers would not have expected the item to represent all farmers or farming styles. The Authority did not agree that the item made a direct comparison between the two farms, favouring one over the other, and considered that all participants were portrayed positively in the item. Given the item’s narrow perspective, it did not amount to a discussion of a controversial issue of public importance, and was therefore not subject to the requirements of the balance standard.

Not Upheld: Accuracy, Fairness, Balance

A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’. The Authority did not uphold a complaint from Mr Smith that this comment suggested he be subjected to an act of torture, which was in poor taste, and that the comment was likely to incite violence against him. The comment was clearly framed as a hyperbolic exaggeration of Mr Williams’ views for effect, and not a deliberate suggestion that Mr Smith actually be waterboarded. In the context of the broadcast, the Authority considered audiences were unlikely to have taken the comment seriously, and it was unlikely to have encouraged or motivated prisoners to act violently towards Mr Smith.

Not Upheld: Good Taste and Decency, Law and Order