A One News item reported on controversy surrounding a performance by female artist Miley Cyrus at the ‘2013 MTV Video Music Awards’ where she engaged in a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was offensive to broadcast during prime time family viewing. The footage was provocative and challenging, but was relevant as it illustrated for viewers why the performance had attracted worldwide publicity. Earlier coverage and the presenter’s introduction signposted the likely content and gave viewers an opportunity to exercise discretion. The item did not threaten standards of good taste and decency in the context of an unclassified news programme targeted at adults.
Not Upheld: Good Taste and Decency
During a cat-themed episode of What Now, one of the presenters offered a number of wacky cures for his co-presenter’s cat allergy, including encouraging a dog to lick what appeared to be peanut butter off his face. The Authority did not uphold the complaint that the programme made light of allergies and used a common food allergen, peanut butter, in a dangerous and irresponsible manner. The presenter was not allergic to peanuts and no mention was made of peanut allergies. It was unfortunate that peanut butter featured, given that peanuts are a common food allergen, but the food product was irrelevant; the point was to test dog saliva as a possible cure for the presenter’s cat allergy, and no attention was drawn to the actual product. What Now did not undermine the seriousness of the issue, but raised awareness of allergies in a way that would appeal to children, that was simplistic, humorous and entertaining.
Not Upheld: Responsible Programming
During Vicious, a British sitcom about two older men in a long-term relationship, one of the main characters exclaimed ‘Jesus Christ!’ in response to seeing a couple kissing. The Authority did not uphold the complaint that the remark was blasphemous and offensive to Christians. The use of variants of ‘Jesus’ as an exclamation does not amount to coarse language in modern secular society. Here it was intended to be humorous rather than abusive or offensive, and it was acceptable in context.
Not Upheld: Good Taste and Decency
During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate.
Not Upheld (Action Taken): Good Taste and Decency, Responsible Programming
In two items broadcast a week apart on Seven Sharp, the presenters made comments about the leader of the Conservative Party, Colin Craig, relating to his opposition to the Marriage (Definition) Amendment Bill. The Authority did not uphold the complaints relating to the first broadcast, as it was balanced and was not unfair to Colin Craig. However, the second broadcast, which was a satirical piece, went too far and amounted to a personal attack on Colin Craig which was unfair. The Authority ordered the broadcast of a statement including an apology to Colin Craig, and $1,500 costs to the Crown.
Upheld: Fairness
Not Upheld: Good Taste and Decency, Law and Order, Privacy, Controversial Issues, Accuracy, Discrimination and Denigration, Responsible Programming, Violence
Orders: Broadcast statement, $1,500 costs to Crown
An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact. A majority of the Authority was satisfied that the item did not breach the balance standard, finding that the nature of the programme and the topic meant that viewers would have interpreted the predictions with some scepticism and would be aware of different positions in the debate about climate change. The minority felt, however, that the broadcaster made no effort to present significant alternative points of view in an item which discussed a highly controversial issue.
Not Upheld: Accuracy, Responsible Programming
Not Upheld (by Majority): Controversial Issues
An item on One News reported on court proceedings involving the complainant, a professional harness racing trainer and driver. The Authority did not uphold the complaint that two statements in the item were inaccurate and unfair, because they allegedly portrayed her as a ‘drugs cheat’ and were misleading. Taking into account all of the charges and the nature of the offending, the statements would not have misled viewers and did not cause any unwarranted harm to the complainant’s reputation.
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
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