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.
Ip Man, a well-regarded movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times. The broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times, but it nevertheless declined to uphold the complaint. The Authority upheld the complaint that the inappropriate classification and timeslots meant that the broadcast breached standards relating to responsible programming, children’s interests and violence. The Authority did not, however, uphold the complaint that it breached the good taste and decency, controversial issues, and discrimination and denigration standards: viewers would not have been surprised or offended by the content in the context of a martial arts movie; the movie was not a news, current affairs or factual programme so the controversial issues standard did not apply; the discrimination and denigration standard was not intended to prevent the broadcast of legitimate drama, and the movie did not encourage the denigration of, or discrimination against, a section of the community. The Authority made no order.
Upheld: Responsible Programming, Children’s Interests, Violence
Not Upheld: Good Taste and Decency, Controversial Issues, Discrimination and Denigration
No Order
In a One News report on the Australian Open Tennis Championships, Serena Williams’ performance was described as “almost schizophrenic”. The Authority did not uphold the complaint that this breached the discrimination and denigration and accuracy standards: the term “schizophrenic” was being used colloquially, the comment did not carry any invective or malice and was not used to encourage discrimination against, or denigration of, people with mental illness as a section of the community; the use of the term “schizophrenic” was not a statement of fact – it amounted to commentary and was therefore exempt from the standards of accuracy.
Not Upheld: Accuracy, Discrimination and Denigration
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
An episode of Homeland, a fictional drama series in which the CIA investigates a possible terrorist threat, had a storyline involving Muslims versus a “righteous America”. The Authority did not uphold the complaint that the episode promoted “Islamophobia” and breached the discrimination and denigration standard: the standard was not intended to prevent the broadcast of legitimate drama, and the programme did not encourage the denigration of, or discrimination against, a section of the community.
Not Upheld: Discrimination and Denigration
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