An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant.
Not Upheld: Privacy
A discussion on Nine to Noon of New Zealand's 'three strikes' legislation, the Sentencing and Parole Reform Act 2010, was allegedly unbalanced because it involved only participants who opposed the legislation. In addition, the presenter and participants made statements that were alleged to be inaccurate, misleading, unfair and irresponsible. The broadcaster upheld part of the accuracy complaint but declined to uphold the other aspects of the complaint. The Authority considered that the item discussed a controversial issue of public importance and while the presenter alluded to the existence of other points of view, this did not go far enough – the broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints. The Authority also found that two aspects of the item were misleading in the absence of balancing or challenging comment.
Upheld: Balance, Accuracy
Not Upheld: Fairness, Responsible Programming
No Order
Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989
Nine to Noon – contained a discussion about the ‘three strikes’ legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaint
Findings
Standard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld
Standard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld
No Order
This headnote does not form part of the decision.
During a segment called ‘The Huddle’ on the Larry Williams Drive Show, involving a discussion about the candidates for the Labour Party leadership, one of the panellists commented that a candidate ‘enjoys being stabbed from behind’. The Authority did not uphold the complaint that the comment was offensive and ‘disgusting’ because it allegedly referred to a gay candidate and amounted to ‘double entendre’. The comment was quick and open to more than one interpretation, and even if double entendre of a sexual nature was intended, this was well within the panellist’s right to free speech, and was permissible in the context of a discussion about a legitimate issue, aimed at an adult target audience.
Not Upheld: Good Taste and Decency
An item on Fair Go reported on a couple's experience with the complainant, a mechanic, and included claims which he was disputing. The Authority did not uphold the complaint that the item was inaccurate and unfair. Though it created a negative impression of the complainant, he was provided with a fair opportunity to comment and his response was fairly presented in the item. The claims were presented as the couple's interpretation and opinion of events, not as points of fact, so viewers would have understood that the claims were one side of the story only and were disputed by the complainant.
Not Upheld: Accuracy, Fairness
The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion.
Not Upheld: Good Taste and Decency, Responsible Programming
The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective.
Not Upheld: Good Taste and Decency, Discrimination and Denigration, Responsible Programming
During two items on One News the presenters used the term "anti-gay" to refer to people who opposed same-sex marriage. The complainant argued that the term was misleading and offensive and denigrated people who opposed same-sex marriage. The Authority considered the use of the term "anti-gay" was sloppy, and incorrect when taken in isolation, but it was corrected by the context of the items, which were obviously discussing gay marriage. The term did not encourage discrimination or denigration against people opposed to same-sex marriage, and viewers would not have been deceived by the use of the term.
Not Upheld: Accuracy, Discrimination and Denigration, Responsible Programming
Close Up reported on comments made by the Principal of Pompallier Catholic College in a school newsletter, objecting to gay marriage. The item claimed that the Principal suspended a teacher, who was interviewed by Close Up, and that students who opposed the comments were "threatened". A news ticker on Breakfast the following morning echoed the claims. The school argued the programmes were misleading and unfair, because the teacher was suspended for reasons other than his objection to the Principal's views, and no students were threatened. The Authority found that Close Up did not fairly present the reasons for the suspension, which created an unfairly negative impression of the Principal and the College, who were not given a fair chance to comment. It said the item should have couched the "threats" as allegations or the students' views, rather than unequivocal statements of fact. The Breakfast ticker was not material in the context of the programme.
Upheld: Accuracy, Fairness
No Order
An episode of The Carrie Diaries, an American teen drama series, was screened on TV2 at 3pm on a Sunday and contained sexual references and innuendo. The complainant argued it was inappropriate for broadcast during children's viewing times. The Authority considered the programme was correctly classified PGR and broadcast in an appropriate timeslot, and noted it was preceded by a specific warning for sexual content. It found the depiction of sexual content was inexplicit and discreet and would not have offended or distressed most viewers, including supervised children.
Not Upheld: Good Taste and Decency, Children's Interests
An episode of Home and Away, which was classified G, included a storyline about the date rape of a teenage girl. The Authority agreed with the complainant that the theme of rape was unsuitable for unsupervised child viewers and that the programme was incorrectly classified. The Authority made no order, noting that the programme was now screened on another television network.
Upheld: Responsible Programming
No Order