During a talkback segment on the Leighton Smith Show, the host discussed the recent legal personhood granted to the Whanganui River. The complainant, Mr Haines, phoned in to the programme to discuss the issue. After a two-and-a-half minute conversation, Mr Smith responded that it was ‘stupidity to give [the Whanganui River] equal status as a person. Now get off the phone,’ and made comments about Mr Haines self-identifying as Māori. The Authority did not uphold a complaint that Mr Smith’s statements were derogatory and insulting to Mr Haines and to Māori people. While the Authority acknowledged that Mr Smith’s comments could be seen as dismissive and disrespectful, in the context of the robust talkback radio environment, they did not reach the level necessary to constitute unfair treatment or to encourage discrimination or denigration. Mr Haines was afforded a fair and reasonable time to put forward his views. Mr Smith’s disagreement in response was typical of the talkback genre, in which hosts often express contentious or strong views in the interests of generating debate, and of his well-known forceful style. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society. Mr Smith was entitled to express his opinion, even if it was critical or if others disagreed, and it did not reach a level which warranted the Authority’s intervention.
Not Upheld: Fairness, Discrimination and Denigration, Balance
A short news item during Breakfast reported that the body of a German hostage, who had been beheaded by militants in the Philippines, had been recovered. The Authority did not uphold a complaint alleging that the item depicted a ‘severed head’, which was offensive and unacceptable to broadcast, especially during a time when children were likely to be watching television. In the context of a very brief news report, the item would not have exceeded audience expectations and would not have unduly offended or disturbed viewers. The content shown was not graphic or at a level which required a warning to be given, and the story carried public interest. While the news item was broadcast at a time when children were likely to be watching television, Breakfast is an unclassified morning news and current affairs programme, it is not targeted at child viewers and there is an expectation of adult supervision during this type of programming.
Not Upheld: Good Taste and Decency, Children’s Interests, Violence
During a ‘Vote Smart’ segment on The Project, host Jesse Mulligan discussed what he considered to be the ‘horribl[e] underfund[ing]’ of the Department of Conservation (DoC). Mr Mulligan said, ‘DoC doesn’t have a big lobby group to argue their case. You know when Big Dairy puts their hand out, they get offered up to $400 million to spend on irrigation. That’s DoC’s whole budget, but it’s being spent on growing dairy, which, if anything, makes the conservation job even harder’. The Authority did not uphold a complaint that the comparison made between DoC and Crown Irrigation was inaccurate and misleading as the funding models of these two entities are different. The comment was not a statement of fact which triggered the requirements of the accuracy standard. Rather, it was distinguishable as opinion and analysis about the differences in lobbying power between different industries, and what Mr Mulligan considered to be DoC’s difficulty in obtaining greater funding. The Authority did not consider viewers would have been misled in the manner alleged by the complainant, taking into account the purpose of the segment as a whole, which was to draw viewers’ attention to an issue Mr Mulligan believed to be important in the context of the upcoming general election. The item carried public interest in this respect and the Authority did not consider any harm had been caused by the broadcast which outweighed the broadcaster’s right to freedom of expression.
Not Upheld: Accuracy
An item on Newshub reported on renewed efforts by the New Zealand Government to secure a free trade deal with Russia, after negotiations were ‘put on hold when Vladimir Putin invaded Crimea two years ago’. The Authority did not uphold a complaint that the use of the term ‘invaded’ was inaccurate as no invasion had in fact occurred. The Authority acknowledged that a range of terms were used across national and international media coverage to describe Russia’s actions in Crimea. It emphasised the importance of using precise and correct language when reporting on contentious and complex international conflicts, where the potential to misinform audiences is great. However, taking into account the definition of ‘invade’, the findings of the International Criminal Court and the context of this particular news item, the Authority found overall that the broadcast did not breach the accuracy standard. The item was primarily about current trade developments and did not purport to be a detailed examination of Russia’s actions in Crimea in 2014. A variety of topics were covered during the short item, and some economies of language were necessary to convey the events of the complex Crimea conflict to viewers in a way that could be easily understood.
Not Upheld: Accuracy, Programme Information
An interview was broadcast on Saturday Morning with a British comedy writer and producer. Following a discussion about causing offence to audiences, the interviewee recalled his time as a radio host and a complaint he received from the Bishop of Oxford about a crucifixion joke. He could not remember the joke, and the presenter invited listeners to ‘…send in a series of very funny jokes about the crucifixion to see if we can approximate it’. The Authority did not uphold a complaint that the presenter’s remark was against common decency and offensive to Christians. The remark was not intended to trivialise or make light of the act of crucifixion or the crucifixion of Jesus Christ, and did not reach the threshold necessary to encourage discrimination against, or denigration of, the Christian community.
Not Upheld: Good Taste and Decency, Discrimination and Denigration
An item on 1 News promoted the new single from New Zealand singer-songwriter, Lorde. It featured clips taken from the music video for Lorde’s single, ‘Green Light’. In the clips, the singer could be seen leaning out of a car window and later dancing on the car roof. The Authority did not uphold a complaint that this item was in breach of the law and order standard by encouraging reckless driving. The music video, and the news item’s promotion of it, did not actively encourage audiences to break the law, or otherwise promote criminal or serious antisocial activity, taking into account the context. The Authority found that viewers would have understood the singer’s actions to have taken place in the ‘fantasy’ realm of the music video, which made sense within the fictional narrative of the song.
Not Upheld: Law and Order
An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy. The Authority did not uphold the balance complaint, as the brief reference did not amount to a discussion of a controversial issue of public importance triggering the requirements of the balance standard.
Not Upheld: Accuracy, Balance
An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy. The Authority did not uphold the balance complaint, as the brief reference did not amount to a discussion of a controversial issue of public importance triggering the requirements of the balance standard.
Not Upheld: Accuracy, Balance
An item referred to during 1 News Coming Up reported on a meeting between the President of the United States of America, President Trump, and Canadian Prime Minister, Justin Trudeau. During the update, the newsreader said, ‘So, what did Canada’s leader Justin Trudeau say about Trump’s Muslim ban?’ The Authority did not uphold a complaint that the use of the term ‘Muslim ban’ was inaccurate, in the context of the brief ‘coming up’ teaser which aimed to convey a lot of information in a short period of time. In this particular case it was acceptable shorthand referring to Executive Order 13769, and briefly highlighted a topic of discussion between the two leaders. The Authority did not consider that the use of the term – which was not used in the full news item – would have materially affected viewers’ understanding of the main thrust of the report.
Not Upheld: Accuracy
An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer. There was also an element of public interest in the child’s welfare and her being found safe. A number of other broadcasting standards raised by the complainant were not applicable or not breached in the context of the broadcast.
Not Upheld: Privacy, Fairness, Balance, Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Accuracy