An item on Campbell Live reported on bullying at Massey High School. The Authority determined that it does not have jurisdiction to accept a referral of the privacy aspect of the complaint. Massey High School did not refer its complaint to the Authority within the statutory timeframe and the original complaint did not constitute a direct privacy referral.
Declined to Accept Referral
During the Leighton Smith Show on Newstalk ZB, the host discussed verdicts in the Urewera Four case. The complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand. The Authority did not uphold the complaint that this breached the discrimination and denigration standard: the standard only applies to sections of the community and not to individuals; it was unclear which section of the community the complainant considered was denigrated or discriminated against; and the host’s comments were clearly his personal opinion and were not specifically directed at the complainant.
Not Upheld: Discrimination and Denigration
An item on Campbell Live, broadcast on TV3 at 7pm, reported on bullying and fighting at Massey High School and showed repeated footage of girls fighting. It was not preceded by a warning. The Authority did not uphold complaints that the item breached standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence. The students shown in the footage were not identifiable to anyone beyond those who already knew about the fighting; the impression created about fighting and bullying at Massey stemmed from the facts of the incident and the response of students and parents; Massey was provided with a reasonable opportunity to comment and its statement was adequately referred to in the item; and while a warning would have been helpful, given the nature and context of the footage the broadcaster adequately considered children’s interests in broadcasting the footage during a current affairs programme at 7pm.
Not Upheld: Privacy, Accuracy, Fairness, Responsible Programming, Children’s Interests, Violence
A TV One documentary entitled A Rotten Shame investigated New Zealand’s leaky homes crisis and sought to expose systematic failures in the building industry that had led to the crisis. The presenter door-stepped a building inspector responsible for inspecting a house eleven years earlier, which had since developed serious problems and had to be demolished. A portion of this interview was included in the programme. The building inspector complained that this breached the controversial issues, accuracy and fairness standards. The Authority held that the action taken by the broadcaster in upholding the door-stepping aspect of the fairness complaint was insufficient. The Authority did not uphold any other part of the complaint: the item focused on systematic failures which led to the leaky homes crisis rather than on the complainant, it included the complainant’s viewpoint, and it did not create a misleading impression about the complainant’s culpability. The Authority ordered TVNZ to pay $500 towards the complainant’s legal costs.
Upheld: Fairness (Action Taken)
Not Upheld: Controversial Issues, Accuracy, Fairness
Order: $500 costs to complainant
An item on 3 News reported on the alleged practice of women offering sex in exchange for taxi rides. The item consisted primarily of a voiceover accompanied by nightlife footage of central Auckland, including shots of a number of young women, some of them in taxis. The Authority did not uphold complaints that this breached standards relating to privacy, good taste and decency, controversial issues, accuracy, discrimination and denigration, and violence. Only one of the complainants was identifiable but the item did not disclose any private facts about her, and the footage was clearly not suggesting that the women were associated with the practice reported on (which was reinforced by a clarification broadcast the following night). The item did not comment on the issue of sexual assault or make any general comments about women, and it did not contain any violence.
Not Upheld: Good Taste and Decency, Privacy, Controversial Issues, Accuracy, Discrimination and Denigration, Violence
An episode of Embarrassing Bodies, a reality television series about the treatment of embarrassing medical conditions, was broadcast on TV2 at 8.30pm and included close-up shots of women’s vaginas and of surgical operations being performed on them. The Authority did not uphold the complaint that the programme breached standards relating to good taste and decency, responsible programming and children’s interests: the programme had educational value and the nudity was non-sexual and matter-of-fact; the programme was correctly classified AO and preceded by an adequate warning for nudity and medical scenes; and the clear warning and signposting of likely content gave parents an opportunity to exercise discretion.
Not Upheld: Good Taste and Decency, Responsible Programming, Children’s Interests
The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast on Valentine’s Day during Robert and Jono’s Drive Show. The Authority did not uphold the complaint that the broadcast breached standards relating to good taste and decency, privacy, fairness and responsible programming since the concept of promoting an on-air request for divorce was not reflected in the actual broadcast: it turned out that the two participants had planned to subvert the broadcast from the beginning as a protest against the promotion and they spent the time berating the hosts.
Not Upheld: Good Taste and Decency, Privacy, Fairness, Responsible Programming
During Robert & Jono’s Drive Show, broadcast on The Rock, one of the hosts told a personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself; the host used the term “mental” several times to refer to people with intellectual disabilities. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, discrimination and denigration, and fairness: the story was conveyed in a light-hearted manner and the term “mental” was used without malice or invective; the co-host made mitigating comments and the host also made comments that were positive towards people with intellectual disabilities; and the man referred to was not “exploited” or “humiliated”.
Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration
A One News item on the National Party’s proposed asset sales policy stated that the government had refused to release information under the Official Information Act and that a subsequent complaint to the Ombudsman revealed that the government had received very little official advice regarding its claim about limiting foreign ownership. The Authority did not uphold the complaint that the item was in breach of the accuracy standard: it included comment from Prime Minister John Key and would not have misled viewers.
Not Upheld: Accuracy
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