BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

A complaint from environmental group Friends of the Earth (NZ) about an interview between Saturday Morning host Kim Hill and former Chief Science Advisor Sir Peter Gluckman was not upheld. Ms Hill interviewed Sir Peter about his time as Chief Science Advisor and a wide range of issues, including how societies respond to scientific research, the role of science in government, activism within the scientific community and the criminal justice system. During the interview, Sir Peter made comments about the safety and history of genetic modification. The Authority did not uphold a complaint that the comments were inaccurate or that the interview was unbalanced or unfair. The Authority found Sir Peter’s comments were not statements of fact, noting they were clearly established as being from Sir Peter’s perspective throughout the interview. The Authority also found that while genetic modification amounted to a controversial issue of public importance, it was not ‘discussed’ in the interview for the purposes of the balance standard. The Authority did not consider that Sir Peter’s comments were likely to mislead or misinform listeners.

Not Upheld: Balance, Accuracy, Fairness

The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context. In these circumstances, and taking into account the role and reputation of Mr Smith as a well-known climate change sceptic, listeners would not expect to hear a balanced or authoritative examination on the topic of climate change. Further, no individuals or organisations were treated unfairly in the broadcast. The Authority therefore found that the alleged harm did not outweigh the broadcaster’s right to freedom of expression, and its intervention in upholding the complaint would be unjustified.

Not Upheld: Balance, Accuracy, Fairness

During a segment on The Leighton Smith Show, host Leighton Smith quoted a listener’s views on news sources such as CNN, the BBC and Newshub. Mr Smith went on to say that consumers of similar sources lived in ‘blissful ignorance’ because they did not listen to the views of ‘the other side’. The Authority did not uphold a complaint that Mr Smith’s comments were biased and dismissive towards reputable news sources. The Authority noted that, while talkback radio is not immune to broadcasting standards, the balance and accuracy standards in particular apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. In this case, and taking into account wider contextual factors such as audience expectations of the programme (which is predominantly talkback) and the reputation of Mr Smith, the Authority agreed that Mr Smith’s comments were clearly distinguishable as opinion and listeners would not have been left misinformed or misled. This was an opinion open to Mr Smith to express, and was not unfair to the news organisations or their consumers. The Authority therefore found that its intervention, in upholding the complaint and limiting the broadcaster’s right to freedom of expression, would be unjustified.

Not Upheld: Balance, Accuracy, Fairness

Warning: This decision contains language that some readers may find offensive.

The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards. In this case, it took into account well‑established audience expectations of Coast FM, the historical and social significance of the song and Bob Dylan as an artist, and the use of the word in the narrative of a 1970s political protest song. Taking these contextual factors into account, the Authority found that the broadcast of the word in this song was justified on this occasion.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

During a segment of The Project, the presenters discussed whether it was illegal to wear headphones while driving. One of the presenters, a well-known New Zealand comedian, said that he wore headphones while driving ‘because it drowns out the sound of the seatbelt warning’. The Authority did not uphold a complaint that the presenter’s comment trivialised an important road safety issue. The segment as a whole carried a positive road safety message, with the presenters sharing their surprise that wearing headphones while driving was not illegal in New Zealand (though distracted drivers could still be charged with careless driving). The comment was clearly intended to be humorous and the reactions of the other presenters balanced the comment and signalled to viewers that wearing your seatbelt was important. In this context, the presenter’s comment did not actively promote, encourage or glamorise illegal behaviour, and any limitation on the broadcaster’s right to freedom of expression would be unjustified.

Not Upheld: Law and Order

A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over.’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block. They were not explicit or graphic, nor were the comments made with malice or nastiness. The Authority also did not uphold the complaint under the discrimination and denigration standard, finding the comments did not contain any malice or invective.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

A complaint about the use of the term ‘holiday highway’ during a 1 News item, to refer to the road between Puhoi and Warkworth, was not upheld. The complainant submitted the term ‘holiday highway’ was ‘Labour Party propaganda’, and that its use minimises the seriousness of the road toll in that area and denigrates people who live in North Auckland or Northland. The Authority noted the term has been widely used in the media for a number of years to refer to the road, including prior to the recent General Election, and found it was not used with the malice or condemnation required to constitute a breach of the discrimination and denigration standard.

Not Upheld: Discrimination and Denigration

The Authority has not upheld a complaint that a 1 News item, reporting on a national hikoi against the use of 1080, was unbalanced. The item focused on claims from the Department of Conservation (DOC) and Forest & Bird that the increased protest activity was resulting in a rise in threats to staff. The Authority recognised that the item addressed a controversial issue of public importance and found that it pointed to significant viewpoints on this issue, with comment sought from the hikoi organiser, as well as representatives from DOC, Forest & Bird and the Minister of Conservation. The issue was also widely reported in other news media, during the period of current interest, with viewers therefore likely to be aware of the main perspectives on this narrow issue associated with the 1080 debate. In these circumstances, the Authority found that upholding the complaint would represent an unreasonable and unjustified limit on the broadcasters’ right to editorial discretion and freedom of expression.

Not Upheld: Balance

The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers. The Authority also found that the balance standard did not apply, as the item was a brief, straightforward news report on the possible legislative change, and did not purport to be an in-depth discussion of the detail and merits of the existing law and proposed change.

Not Upheld: Accuracy, Balance, Fairness

During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality. The character explained that he preferred not to use labels and there was no suggestion that Lincoln’s sexual orientation changed under the influence of drugs or alcohol, or that his sexual orientation was ‘a phase’. While the Authority acknowledged that ensuring diversity in casting was an important issue, the casting of straight actors to play gay or queer characters was a decision for the broadcaster. The actor’s portrayal of Lincoln was part of the programme’s fictional narrative, which in context was not in breach of standards. The Authority therefore did not identify any grounds which would justify restricting the broadcaster’s right to freedom of expression or dramatic license in this case.

Not Upheld: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Alcohol, Balance, Accuracy, Fairness