The Authority has not upheld a complaint that a discussion on Breakfast, about controversial comments made by Israel Folau, was in breach of the balance broadcasting standard. During the discussion, weather reporter, Matty McLean, gave his opinion on the comments, saying that he found them to be harmful. The Authority recognised that Mr Folau’s comments sparked ongoing public debate about the right to freedom of expression and harm. The discussion on Breakfast therefore amounted to discussion of a controversial issue of public importance under the standard. However, the Authority considered Mr McLean was clearly expressing his opinion on the issue and was entitled to do so, given Breakfast’s well-established programme format which includes the hosts expressing their views on current events. Differing perspectives on the topic were also available in surrounding media, so viewers could reasonably be expected to be aware of the significant points of view on this issue. For these reasons, the Authority considered that upholding this complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression.
Not Upheld: Balance
An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him. The majority of the Authority did not uphold the complaint, finding that the broadcaster made reasonable efforts to ensure the accuracy of the broadcast and that the complainant was given a fair and reasonable opportunity to respond to the allegations. The majority recognised the high public interest in the item, which reported on an important issue to New Zealanders, and the essential role of investigative journalism in exposing this type of conduct to the public. The minority view was that, while the issue of cash for job work scams was an important story to be told, there was insufficient evidence available to the reporter to identify GL as an example of a cash for job scam. These were serious allegations that had the potential to significantly damage the complainant’s reputation, and the story’s important message about the rise of such scams could have been conveyed without identifying him. The Authority was unanimous in its decision to not uphold the remaining aspects of the complaint.
Not Upheld by Majority: Fairness, Accuracy.
Not Upheld: Privacy, Balance, Law and Order.
A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community.
Not Upheld: Discrimination and Denigration
The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants. The individuals referred to were either deceased (so the privacy standard could not apply) or lived overseas, making it difficult to assess the harm that could have been caused. The discussion was ultimately hypothetical and was not intended to be taken literally. The Authority noted that the right to freedom of expression comes with responsibilities by those who exercise it, and it is clear that this broadcast caused offence and significant division within the Sikh community in New Zealand. On this occasion, however, the Authority could not uphold the complaints based on the particular standards raised.
Not Upheld: Privacy, Balance, Accuracy, Fairness, Discrimination and Denigration
An item on Morning Report reported that, over the past ten years, reported firearm theft has increased by 35%, and through the comments of three interviewees considered whether the increase of firearm theft is related to issues around their safe storage and registration. The Authority did not uphold a complaint that the item breached standards of balance and fairness. The Authority found the item provided sufficient balance through multiple alternative points of view that enabled listeners to form their own opinion on the topic. The fairness standard cannot be applied to licenced firearm owners as they are not an ‘organisation’ for the purposes of the standard.
Not Upheld: Balance, Fairness
During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society. This was reflected in recent research undertaken by the Authority, which found that the level of unacceptability for some blasphemies was decreasing among the members of the public who were surveyed. Overall, the Authority considered the broadcast of this language did not cause harm to an extent which justified limiting the right to freedom of expression, and did not uphold the complaint.
Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration
An episode of The AM Show featured an interview with Hon. Kelvin Davis regarding the Government’s scheduled series of nationwide Hui with Māori. The programme also discussed legal action taken by prisoners against the Department of Corrections over strip searches, and a short clip of comments by host Duncan Garner on this issue was included in a promo for The AM Show broadcast that evening. A complaint was made that Mr Garner’s comments in relation to the first topic amounted to racist ‘slurs’ against Māori and were dismissive of the Crown’s efforts to fulfil its Treaty obligations, and that the discussion of the second topic trivialised prisoners’ ‘serious abusive treatment’. The Authority did not uphold either aspect of the complaint. The Authority found that, while some of the comments made by Mr Garner could be considered controversial and provocative, this was robust political discourse which carried public interest, and did not go beyond audience expectations. Comments were also made by the other hosts and panel guests which gave a countering view. In this context upholding the complaint would unreasonably restrict the right to freedom of expression.
Not Upheld: Good Taste and Decency, Law and Order, Discrimination and Denigration, Accuracy, Balance
An item on 1 News discussed former MP Steven Joyce’s valedictory speech in Parliament. The item focused on Mr Joyce recounting in his speech an incident where he had a sex toy thrown at him at Waitangi several years earlier. Footage was shown of Mr Joyce recounting this story during his speech, and of the incident at Waitangi. The Authority did not uphold a complaint that this broadcast and in particular showing the footage of the sex toy breached the good taste and decency standard. Given the incident was newsworthy and attracted widespread coverage at the time, as well as the light-hearted nature of Mr Joyce’s speech, and the broadcast’s target audience, the Authority found the broadcast was unlikely to cause widespread undue offence or distress. The Authority also found the broadcast was not unfair to Mr Joyce as he personally raised and joked about the incident in his speech. The broadcaster’s choice to highlight this aspect of the speech was an editorial decision open to the broadcaster.
Not Upheld: Good Taste and Decency, Fairness
An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor. The Authority also upheld the complaint that the host’s statement that the SWDC ‘get a cut of the profits’ from the gambling machines was inaccurate, as the SWDC do not directly receive any percentage of the profits.
Upheld: Balance (Action Taken), Fairness (Action Taken), Accuracy. Order: Section 13(1)(a) broadcast statement.
An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review.
Not Upheld: Accuracy, Fairness