A 3 News item reporting on an overnight series of aftershocks in Christchurch was introduced with the statement: “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming”. The item included extracts from an interview with a geologist interspersed with voiceover comments from the reporter. The Authority upheld the complaint that the item breached the standards relating to accuracy and responsible programming. The introductory statement inaccurately summarised the geologist’s opinion and overstated the prediction of a magnitude seven earthquake, and the statement was unnecessarily alarmist and was likely to have caused undue distress for Christchurch residents. The Authority made no order.
Upheld: Accuracy, Responsible Programming
No Order
A satirical item on Close Up featured a comedian reviewing the election campaign the night before the general election. The comedian used a whiteboard, on which the name of the Leader of the Opposition appeared and disappeared from time to time. The Authority declined to uphold the complaint that the broadcast breached the controversial issues and fairness standards: the item was a light-hearted review and did not require the presentation of alternative viewpoints, and the complainant did not identify who he thought had been treated unfairly.
Not Upheld: Controversial Issues, Fairness
C4 broadcast a programme called LMFAO Video Hits at 7pm, which included the music video for LMFAO’s song “Shots”. A complaint was made that the video contained coarse and sexually explicit language and liquor promotion. Given the dominance of liquor promotion in the video and the sexual messages conveyed, and the screening of the video during children’s viewing times, the Authority upheld the complaints about liquor promotion and children’s interests. (The issues of good taste and decency and responsible programming were subsumed into consideration of liquor and children’s interests.) The Authority declined to uphold the complaint about discrimination and denigration: while the song did refer to women, it did not carry the invective necessary to encourage denigration of women as a section of the community. The Authority made no order.
Upheld: Children’s Interests, Liquor
Not Upheld: Discrimination and Denigration
Subsumed: Good Taste and Decency, Responsible Programming
No Order
An item on Campbell Live featured two reporters dressed in full burqas using hidden cameras to film the public’s reaction. It included footage of a woman refusing the reporters entry to her shop and questioning their style of dress. The footage was rebroadcast on 3 News and The Jono Project. The programmes made negative comments about the woman’s behaviour. The woman in the footage complained that this breached the privacy, fairness and accuracy standards. The Authority upheld the fairness complaint: the footage was obtained through misrepresentation and the complainant was not informed of the nature of her participation, and the complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes. The Authority did not uphold the privacy and accuracy complaints: the broadcasts did not disclose any private facts and the filming occurred in a public place; the 3 News and Campbell Live items would not have misled viewers into believing the reporters were genuine Muslims, while The Jono Project was not a factual programme to which the standard applied. The Authority ordered TVWorks Ltd to pay $2,000 costs to the Crown.
Upheld: Fairness
Not Upheld: Privacy, Accuracy
Order: $2,000 costs to Crown
Two Campbell Live items reported on controversial comments made by the Chief Executive (CE) of the Employers and Manufacturers Association (EMA), Alasdair Thompson, that some female workers are less productive because they take sick leave when they are menstruating. The first item was an excerpt from an interview with Mr Thompson, while the second consisted of a panel discussion about Mr Thompson’s behaviour during the interview. Both items questioned whether Mr Thompson should remain in his position at the EMA. The Authority declined to uphold complaints that the items were unfair, inaccurate, unbalanced and breached individuals’ right to privacy: the interview footage was fair; the items focused on Mr Thompson’s comments and his competency to fulfil his role as CE of the EMA, rather than the specific issue of pay equity, but balance was achieved in relation to both issues; and the items did not breach anyone’s privacy. In a minority decision, one member found that the broadcast of only a small part of the interview would have left viewers with an unfairly negative impression of Mr Thompson.
Not Upheld: Accuracy, Controversial Issues, Privacy
Not Upheld (majority): Fairness
An item on 3 News, broadcast on TV3, showed four different clips of a reporter trying to obtain comment from Don Brash on a Labour proposal to raise the retirement age. The complainant argued that one clip would have made the point about the refusal to be interviewed and the series of clips amounted to electioneering by the reporter. The Authority declined to uphold the complaint that the broadcast breached the fairness standard: the item was broadcast in the lead-up to the general election, Mr Brash chose to refuse to comment on a subject other party leaders had freely commented on, and the clips were shown unedited.
Not Upheld: Fairness
A promo for Comedy Convoy, a documentary series on performances by stand-up comedians, was broadcast during Home and Away on TV3 at 12.48pm. It included a female comedian stating, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, children’s interests and responsible programming. The comment was clearly intended as a joke and was broadcast in the middle of the day during the school term; the promo was broadcast during Home and Away, a programme not targeted at children, and the promo was correctly rated G and screened in an appropriate timeslot.
Not Upheld: Good Taste and Decency, Children’s Interests, Responsible Programming
Overgrown, on Otago University’s Radio One station, is a weekly radio show advocating cannabis law reform. A host referred to a phone call from a general practitioner and commented on the views he allegedly expressed about a purported link between cannabis use and schizophrenia. The Authority declined to uphold the complaint that the broadcast breached standards relating to law and order, controversial issues, accuracy, fairness and responsible programming. The programme’s promotion of cannabis use was in the spirit of protest and to promote law reform – challenging particular laws is a vital component of freedom of expression; the show was opinion-based, putting forward a particular viewpoint, and was not a “factual programme", so the controversial issues and accuracy standards did not apply; the complainant was not named and unlikely to be identified; and the hosts highlighted responsible use.
Not Upheld: Law and Order, Controversial Issues, Accuracy, Fairness, Responsible Programming
During The Edge Morning Show one of the hosts performed a parody of a song, and later read out a listener’s text message which said, “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, accuracy, and discrimination and denigration. Given contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression; the programme was not a news, current affairs or factual programme to which the accuracy standard applied; and the content of the text message was directed at the host’s song and not against homosexuals as a section of the community.
Not Upheld: Good Taste and Decency, Accuracy, Discrimination and Denigration
An item on 60 Minutes entitled “Turned Away” was broadcast on TV3 and investigated the case of a young man who died of meningococcal disease after being misdiagnosed by medical professionals. The reporter interviewed the Chief Executive of the Northland District Health Board (NDHB) about the circumstances surrounding the man’s treatment and, in particular, about the doctor who made the decision not to administer a lumbar puncture earlier, despite the fact that the man displayed all but one of the symptoms of meningitis. The Authority declined to uphold the complaint that the item was inaccurate and misleading and that the interview was unbalanced and unfair. The item did not create a misleading impression; the District Health Board’s viewpoint was included through the interview with its Chief Executive and the item was not unfair; and significant perspectives were included on the issue under discussion.
Not Upheld: Controversial Issues, Accuracy, Fairness