A 3 News report on the Government’s asset sales policy included excerpts from interviews with opposition MPs, including Hone Harawira, who used the word “bullshit”. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults.
Not Upheld: Good Taste and Decency, Children’s Interests
A song entitled “Our Love Suicide” by rap artist Tinie Tempah was broadcast during Mid-Mornings with K-Lee on MaiFM at approximately 11.15am. The Authority did not uphold the complaint that this breached the standards relating to good taste and decency and responsible programming: the song lyric “love suicide” was used metaphorically to refer to the ending of a relationship and not in its literal sense, and the song did not promote or glorify suicide.
Not Upheld: Good Taste and Decency, Responsible Programming
Campbell Live reported on a woman who, after she miscarried, unsuccessfully sought a refund for baby items purchased from the complainant’s business. The reporter door-stepped the complainant and her co-owner, and footage of this was broadcast. The Authority upheld that the broadcast breached the fairness, accuracy and privacy standards. No previous attempts had been made to obtain comment before door-stepping the shop owners; covert filming and recording of the conversation meant that the owners were not properly informed of the nature of their participation; the owners specifically stated that they did not want to be filmed or recorded; and the tone of programme was negative towards the owners and their position was not adequately presented. The owners were identifiable, and the item disclosed private facts. The Authority ordered payment of $500 to the complainant for breach of privacy and payment of $750 legal costs to the complainant.
Upheld: Privacy, Fairness, Accuracy
Order: $500 compensation to complainant for breach of privacy, $750 legal costs to complainant
During an episode of the reality TV series Dog Squad, a dog handler carried out routine checks of vehicles as they entered prison grounds, including a car which had apparently taken a wrong turn near the prison. The occupants of the car (a couple) were questioned, and following the search the dog handler stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay?” The Authority upheld the complaint that this breached the privacy standard: the complainant was identifiable and the footage disclosed private facts suggesting drug use, which was a highly offensive disclosure. The Authority ordered $750 compensation to the complainant for breach of privacy.
Upheld: Privacy
Order: $750 compensation to complainant
A “breaking news ticker” was broadcast during an advertisement break which stated, “Breaking News ... Container ship breaks apart ... Tugs racing to the scene ... More on One News at 4.30, 6pm and at tvnz.co.nz”. The information in the ticker was inaccurate. The Authority determined that the breaking news ticker was not a “programme” for the purposes of the Broadcasting Act 1989 because it consisted predominantly of alphanumeric text, which is excluded under the Act, and therefore the Authority had no jurisdiction to accept the complaint.
Prime News used a pre-recorded BBC item reporting on controversial comments by Top Gear television presenter Jeremy Clarkson that striking workers should be shot. A complaint that this breached standards relating to controversial issues, accuracy, fairness and responsible programming was not upheld: the focus of the item was the comment made by Mr Clarkson which caused controversy – therefore it was not misleading to omit footage of other comments; the item was a brief snapshot of the response to Mr Clarkson’s comments and did not amount to a discussion of a controversial issue that was of public importance in New Zealand; there is a higher threshold for finding unfairness to a public figure; and viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments.
Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming
A One News item report on the Pike River Inquiry quoted a miner’s mother as saying “Jesus Christ” when she heard new evidence that the mine manager had sent emails about a new job minutes after the explosion. The Authority did not uphold the complaint that this breached the good taste and decency, and discrimination and denigration standards: “Jesus Christ” when used as a colloquial expression of shock and dismay did not amount to coarse language and would not offend or distress most viewers; the phrase was a verbatim quote from a miner’s mother in relation to her personal tragedy; as an expression of dismay, it was not an attack against Christians as a section of the community.
Not Upheld: Good Taste and Decency, Discrimination and Denigration
An episode of Two and a Half Men which screened at 7.30pm contained sexual innuendo, including references to transmitting sexual diseases, and showed a naked man with his genitals pixellated. It was not preceded by a warning. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the sexual innuendo was inexplicit and sophisticated so it would have gone over the heads of younger viewers, the nudity was pixellated, and the content was consistent with the programme’s PGR rating.
Not Upheld: Good Taste and Decency, Children’s Interests
During live talkback on the election “tea tapes” story, Radio Live host Michael Laws commented that “the media have gone mad, rabid. If I had a gun I’d shoot them, put them out of their misery, because they have gone rabid and they may infect others.” He went on to specifically mention the Herald on Sunday and questioned why someone hadn’t taken a shotgun and “cleaned out the entire news room”. A majority of the Authority upheld the complaint that these comments breached the good taste and decency standard: the combination of the length of the statement, its repeated use of graphic imagery, its specificity in relation to identified journalists and its mode of delivery made the statement unacceptable. Notwithstanding the importance of freedom of expression, Mr Laws’ comments went too far. The Authority made no order. In a minority decision, one member argued that the broadcast did not breach the good taste and decency standard because of the context of talkback radio and Mr Laws’ style, and the use of an accepted and well understood colloquialism. The Authority unanimously did not uphold the complaint that the words breached the law and order standard.
Upheld (Majority): Good Taste and Decency
Not Upheld: Law and Order
No Order
An item on Te Karere reported that Whakatane Hospital’s Microbiology Department would be closing, with all microbiology services moving to Tauranga. The Authority upheld the complaint that the item was inaccurate and misleading in creating this impression since urgent services would continue to be provided on-site. The broadcaster had not made reasonable efforts to ensure the item’s accuracy. The Authority made no order.
Upheld: Accuracy
No Order