An item on Newshub by political editor Patrick Gower reported on National Party Leader Bill English’s claim that the Labour Party would raise income tax if they won the 2017 General Election. Mr Gower stated that the National Party was ‘deliberately spreading misinformation’ about Labour’s income tax policy. The Authority did not uphold a complaint that Mr Gower deliberately misled the public prior to the election. The Authority emphasised the importance of freedom of political expression, particularly in an election year. The Authority considered significant viewpoints on the issue discussed were adequately presented in the broadcast and within the period of current interest, enabling the audience to form their own opinions. The Authority also found that the comments complained about were statements of analysis and opinion, rather than statements of fact, so the accuracy standard did not apply.
Not Upheld: Balance, Accuracy
A segment on Morning Report discussed one Auckland individual’s challenge to Auckland Council to open a discussion about removing or altering a monument to Colonel Marmaduke Nixon in Ōtāhuhu. The item briefly summarised Colonel Nixon’s role in colonialism and in the Waikato land wars, including the invasion of Rangiaowhia. The Authority did not uphold a complaint that the item lacked balance and was inaccurate in its account of the events at Rangiaowhia. The Authority found the item did not purport to provide a comprehensive examination of what occurred at Rangiaowhia. Rather, the item focused on one individual’s challenge to the Council to consider removing or altering the monument. In this context, it was not required in the interests of either balance or accuracy to present alternative accounts of the historical events. The Authority noted that, following the item, alternative viewpoints were nevertheless acknowledged in further online coverage by RNZ.
Not Upheld: Balance, Accuracy
An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease.’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole.
Not Upheld: Balance, Accuracy
Warning: This decision contains language that some readers may find offensive.
The song ‘Fire Water Burn’ by the Bloodhound Gang was broadcast on The Rock FM at 5.45pm on 25 October 2017. The song contained the word ‘motherfucker’, which was partially censored, and also contained lyrics such as, ‘but if I crashed into Uranus I would stick it where the sun don't shine’. The Authority did not uphold a complaint that the song, in its edited format, breached the good taste and decency standard. The Authority acknowledged that the censoring could have been more effective in disguising the word used, and that some of the lyrics may offend listeners. However, the Authority found overall the song did not reach the threshold for finding a breach of good taste and decency taking into account the context, including audience expectations of The Rock and rock songs, and the longstanding popularity of this particular song. Therefore limiting the right to freedom of expression was not justified in this case.
Not Upheld: Good Taste and Decency
An item on Newshub discussed revelations that the pension of New Zealand First Leader, Rt Hon Winston Peters, had been overpaid for up to seven years. The segment featured excerpts of a phone interview with Mr Peters, details about Mr Peters’ press release and subsequent comments made by Mr Peters about the overpayments. The Authority did not uphold a complaint that the broadcast was unbalanced and unfair. The Authority did not consider that it was necessary to obtain a copy of the full phone interview transcript in order to determine whether the broadcast was inaccurate and unfair (as requested by the complainant). The Authority found Mr Peters’ view in response to the story was adequately presented in the broadcast, and neither the reporter’s comments nor the presentation of the phone interview in the item resulted in Mr Peters being treated unfairly.
Not Upheld: Balance, Fairness, Programme Information
Warning: This decision contains language that some readers may find offensive.
During an episode of the crime thriller series Paula, one of the characters used the phrase ‘Jesus fucking Christ’. The Authority did not uphold a complaint that the use of this phrase in the context of the programme breached the good taste and decency standard. The Authority acknowledged that many people may find this phrase offensive. However, taking into account the nature of the programme, the pre-broadcast warning for frequent use of coarse language, the Adults Only classification, the time of broadcast and audience expectations of the programme, the Authority did not consider the use of the phrase threatened community norms of taste and decency, or justified restricting the right to freedom of expression.
Not Upheld: Good Taste and Decency
During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking.’ The following evening, Mr Hosking attempted to clarify his comment by saying, ‘Now, the fact that anyone can vote for [the Māori Party] as a list party I automatically assumed we all knew given we have been doing this for 20 years…’ The Authority upheld a complaint that Mr Hosking’s comments were inaccurate, finding that Mr Hosking’s statement about who was eligible to vote for the Māori Party was a material point of fact that was inaccurate and misleading. Further, his comments the following evening were confusing and insufficient to correct the inaccurate information for viewers. The Authority acknowledged the high value of political expression during an election period, but found that the potential harm in this case – providing inaccurate information which had the potential to influence voters, despite the alleged clarification – outweighed the broadcaster’s right to freedom of expression.
Upheld: Accuracy; Order: section 13(1)(a) broadcast statement.
A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest. This segment amounted to robust political discourse that was to be expected during an election period, and the Authority concluded that upholding the complaint would unreasonably restrict the right to freedom of expression and political speech.
Not Upheld: Balance, Accuracy
[This summary does not form part of the decision.]
An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother. While the Authority acknowledged the broadcaster’s attempts to contact X and her mother, in order for them to be treated fairly, they needed to be given the opportunity to respond specifically to the negative comments made about their character and personal lives, and if they elected not to respond, consideration ought to have been given to whether the comments should be removed or edited. The Authority did not uphold the remaining aspects of Ms Johnson’s complaint, finding that the programme did not mislead viewers and was accurate in relation to all material points of fact. As X was not identified, no breach of privacy occurred, and the programme did not amount to a discussion of a controversial issue of public importance which required balancing views.
Upheld: Fairness; Not Upheld: Accuracy, Privacy, Balance. No Order.
An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independent political commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective. Therefore viewers would not have been misled.
Not Upheld: Balance, Accuracy