BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item. In any event, the Authority noted that Robert Fitzsimmons was born in the United Kingdom and had lived in a number of other countries, and it was therefore not unreasonable for the presenter to refer to Joseph Parker as the first potential New Zealand heavyweight champion.

Not Upheld: Accuracy 

An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues. While the item could be seen to report A’s sentence with some sympathy, it was based on the Judge’s findings and did not promote or condone harm against disabled people. In the context of a factual news report about the outcome of A’s case, the item also did not reach the threshold for encouraging discrimination against, or the denigration of, people with disabilities. Notwithstanding its findings, the Authority acknowledged the complainant’s concerns about important societal issues, such as the status of disabled people in our community and the proper understanding of disabilities.

Not Upheld: Balance, Law and Order, Discrimination and Denigration 

Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8.30pm and preceded by a warning for coarse language, viewers were sufficiently informed about the episodes’ likely content and were able to make a different viewing choice. The episodes did not contain any material which promoted illegal or antisocial activity, raised privacy issues, or triggered the discrimination and denigration standard.

Not Upheld: Good Taste and Decency, Law and Order, Discrimination and Denigration, Privacy

An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers. The depiction of kissing in itself did not go beyond what is expected of the PGR classification, and no further sexual activity was shown. Given the nature of the programme and the PGR classification, any child viewers could reasonably be expected to be under adult supervision, and viewers were given the opportunity to make a different viewing choice for themselves and their children.  

Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Privacy 

A Newshub bulletin featured five separate items which the complainant considered related to the United States. The Authority declined to determine a complaint about the ‘sheer volume’ of news stories from the US, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards.

Declined to Determine: Balance, Programme Information 

An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed. The item, while at times critical, did not stray into personal abuse of Mr Key and the item was accurate in describing events that occurred during Mr Key’s term as Prime Minister.

Not Upheld: Balance, Fairness, Accuracy

A promo for the latest season of 7 Days showed comedians featured on the programme preparing the show’s host for the ‘potentially hostile environment’, by heckling and pelting him with objects. The Authority did not uphold a complaint that this promo trivialised the issue of bullying. The promo was a parody sketch of the type of heckling typically made by contestants during an episode of 7 Days, and common to live comedy programmes of this genre. It sought to recreate this live comedy environment in a humorous, satirical and highly exaggerated way, and in this context, the promo did not condone, encourage or trivialise bullying behaviour.

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

An item on 1 News reported on the humanitarian crisis in Damascus following disruption of water supplies, caused by fighting between the Syrian army and rebel forces. During the item, the reporter said, ‘The outage came after the government attacked rebels holding the city’s main water source’. The Authority did not uphold a complaint that this item was biased and misleading by allegedly attributing blame for the water outages to President Bashar al-Assad, rather than the rebel forces. In the context of a brief item focused on the humanitarian impact of the conflict, the statement made by the reporter was a reasonable description of what occurred, and the omission of further information or different sources would not have left viewers misled or uninformed about the events covered by the item. 

Not Upheld: Accuracy, Balance   

An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change. The term did not amount to a material point of fact in the item, nor did it amount to a discussion of a controversial issue of public importance. Therefore the requirements of the accuracy and balance standards were not triggered.

Not Upheld: Discrimination and Denigration, Accuracy, Balance

An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m², rather than the 296m² shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed. The Authority upheld a complaint that the item was unfair and misleading, finding that the reporting of the email extract gave the impression that Mr Skinner had chosen to intentionally remove the purchaser’s right to have the title checked, and did not reflect the other protections available to the purchaser in the SPA. The negative impression created by the item was disproportionate and unfair to Mr Skinner, and undue focus was given to him in the context of the item as a whole. The item did not discuss a controversial issue of public importance that triggered the balance standard.

Upheld: Fairness, Accuracy; Not Upheld: Balance

No Order