During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances.
Upheld: Privacy
No Order
Hosts on The Morning Sound radio show discussed the news that the Tui Brewery at Mangatainoka had made a number of workers redundant. The hosts commented that the Brewery was where the ‘pretty’ and ‘hot girls’ worked and expressed their concern about them being ‘laid off’, making comments such as, ‘All the pretty girls are going…’, ‘I hope they don’t get rid of any of the hot girls’, and ‘I don’t know if I can drink the beer if it’s not had the ladies’ touch.’ The Authority did not uphold a complaint that this discussion was denigrating or discriminatory towards any female workers made redundant, or to women generally. The hosts were clearly referring to a series of satirical Tui television advertisements, which depicted the Mangatainoka Brewery as being run by women. In any event, any female workers who may have been made redundant were not a section of the community covered by the standard.
Not Upheld: Discrimination and Denigration
A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached.
Not Upheld: Privacy
Two items on Newshub reported on incidents of violence which occurred in the city of Hebron, in the West Bank, and in Jerusalem. The Authority did not uphold complaints from the Wellington Palestine Group that the items were inaccurate and misleading. The reporters’ references to Hebron in the West Bank, and to Jerusalem, were correct and there was no implication during either item that these events occurred in Israel, as alleged. The lack of an explicit reference to ‘Occupied Territories’ or to ‘Occupied Palestinian Territories’ did not result in the items as a whole being inaccurate or misleading.
Not Upheld: Accuracy
An episode of the British cartoon, Grizzly Tales, which was classified G (General), featured a young girl called Victoria Spew who threw tantrums until she vomited to get her way. At the end of the episode, Victoria was sucked into the vacuum cleaner her mother had bought to clean up after her. The cartoon showed Victoria’s teeth being pulled from her gums, and organs and body parts falling into the bag. The episode ended with Victoria’s body parts trapped in the vacuum cleaner. The Authority upheld a complaint that this episode of Grizzly Tales was unsuitable for young children. The programme was classified G and so was required to be suitable for all children under the age of 14. While this episode may have appealed to older children, the Authority did not consider it was appropriate for preschool children, who were likely to be watching unsupervised early in the morning. The Authority did not make an order.
Upheld: Children’s Interests, Violence, Good Taste and Decency
No Order
An episode of Dog Squad featured footage taken at a named international airport in New Zealand, during which a Ministry for Primary Industries detector dog found an apple in a couple’s bag. PN, a Quarantine Officer, was shown questioning the couple about the apple and issuing them with a fine. The faces of PN and the couple, and PN’s identity tag, were blurred and PN was not named. The Authority did not uphold a complaint that the segment breached PN’s privacy. While it found that, despite the blurring, PN was identifiable in the broadcast, it did not consider that any private information was disclosed during the segment. The segment was filmed in a busy airport, in view of passengers and staff, and the Authority therefore did not consider PN had a reasonable expectation of privacy over information concerning his role or his infringement of the couple. The Authority however recorded its concern that PN did not consent to the broadcast of the footage and had made a number of attempts to make his objection to being included in the programme known to the production company. It urged the broadcaster and the production company to collectively ensure PN’s wishes are given due consideration in the event of any repeat broadcast or similar filming circumstances in future.
Not Upheld: Privacy
In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards.
Upheld: Fairness, Accuracy
Not Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible Programming
Order: Section 16(4) costs to the Crown $1,500
Radio New Zealand’s Nine to Noon bulletin included two segments titled ‘What do schools need to do to protect against fraud?’ and ‘Top tips for global investment’. Mr Golden lodged a complaint with RNZ alleging that the segments breached broadcasting standards. RNZ did not accept Mr Golden’s correspondence as a formal complaint on the basis it related to matters of personal preference which are not covered by the broadcasting standards regime. The Authority considered whether it had jurisdiction to accept Mr Golden’s referral of the matter to the BSA. It found it was open to RNZ to find that Mr Golden’s correspondence did not raise matters of broadcasting standards which triggered the formal complaints process. As a valid formal complaint was not made in the first instance, the Authority did not have jurisdiction to accept Mr Golden’s referral of his complaint.
Declined Jurisdiction
The sports presenter during a ONE News bulletin described the performance of the Blues rugby team as ‘schizophrenic’. The Authority did not uphold a complaint that the use of the term was unacceptable and contributed to the stigmatisation of people with mental illness. The Authority recognised that the use of the term ‘schizophrenic’ to describe a sports team may be seen as insensitive and inappropriate. However, in the context of this item the Authority found the comment did not reach the high threshold for encouraging discrimination against, or denigration of, those with mental illness. The term was used in a colloquial manner, and did not contain any malice towards people with mental illness.
Not Upheld: Discrimination and Denigration
An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need…’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency.
Not Upheld: Good Taste and Decency