BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

An interview was broadcast on Afternoons with Wendyl Nissen with a journalist, about an article she had written regarding the upcoming perjury trial of the secret witnesses who testified in David Tamihere’s murder trial. During the interview the journalist discussed the discovery of one victim’s body, saying, ‘you think of a body turning up… it’s really… bones. The trampers who found [the] body actually stepped on it before they saw it.’ Ms Nissen replied: ‘So there was a crunch’, adding, ‘– sorry to be disgusting’. A complaint was made that this comment was ‘disgusting, disrespectful’ and ‘in poor taste’. The Authority did not uphold the complaint under the good taste and decency standard, finding that Ms Nissen’s immediate apology after the comment, and other contextual factors, mitigated any potential harm or distress caused by the comment, and it did not reach the high threshold necessary to find a breach of the good taste and decency standard.

Not Upheld: Good Taste and Decency

An item on Seven Sharp discussed the UK’s move to ban the sale of petrol and diesel cars by 2040, to encourage the use electric vehicles (EVs). Following the item, presenter Mike Hosking outlined the ‘hurdles’ to be overcome before a similar move could be made in New Zealand, stating that there was ‘no charging network’ in New Zealand and that the cost of EVs was ‘too high’. The Authority did not uphold a complaint that Mr Hosking’s statements were inaccurate and misleading. Noting that the accuracy standard does not apply to statements of analysis, comment or opinion, the Authority found that, in this case, Mr Hosking’s statements on the cost-effectiveness of EVs, and the lack of charging network in New Zealand, represented his own opinion and analysis on the topic, which viewers would not have expected to be authoritative. While the complainant may have disagreed with Mr Hosking’s views, the Authority found that these were opinions which were open to Mr Hosking to express, noting that the free and frank expression of opinions is an important aspect of the right to freedom of expression.

Not Upheld: Accuracy

During The Edge’s afternoon show Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. A complaint was made that Mr Pryor’s use of the term ‘wanker’ was inappropriate and offensive. The Authority found that, taking into account relevant contextual factors including The Edge’s target audience, audience expectations of Jono, Ben & Sharyn and the nature of the explicit language used, the comment did not reach the threshold required to justify limiting the broadcaster’s right to freedom of expression.

Not Upheld: Good Taste and Decency, Children’s Interests

A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting. In relation to the fairness standard, the Authority found that it is an important function of the media to comment critically on party policy and this type of speech has high value in terms of the right to freedom of expression, particularly during at election time. Party leaders should expect to be subject to robust criticism and the Authority was satisfied Mr Hooton’s comments, while critical, did not go beyond what can be expected  during the election period, nor did they result in Ms Ardern being treated unfairly.

Not Upheld: Balance, Fairness

Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now.’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained. The Authority recognised the important role of the media during an election period, when political parties and leaders should expect to be subject to robust scrutiny, and found that Mr Watson’s comments did not result in the Labour Party, or its leader Ms Ardern, being treated unfairly. The Authority found the balance standard did not apply to the Radio Sport Weekender programme, as listeners would not expect to hear balanced or authoritative coverage of election issues during this talkback sports programme.

Not Upheld: Fairness, Balance

A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5.20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code). The Authority did not uphold the complaint, finding that, while the images may be confronting for some viewers, they related to Ban 1080’s main political policy message, and in the context the high threshold necessary to find a breach of the good taste and decency standard was not met. The Authority emphasised the importance and value of political expression, particularly in the lead up to a general election.

Not Upheld: Election Programmes Subject to Other Codes, Good Taste and Decency

An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results. The Authority found that, by not giving Trident the opportunity to respond to this allegation, the item was unfair. However, the Authority found that Dr Norman’s statement was based on records of the trial and on the findings of an independent inquiry into MPI’s prosecution decisions, and so his summary of those findings was not misleading or inaccurate. In the context of an item about the QMS and commercial fish dumping, the Authority found that Dr Norman’s statement, which was limited to past monitoring trials, did not amount to discussion of a controversial issue of public importance which triggered the requirements of the balance standard.

Upheld: Fairness; Not Upheld: Accuracy, Balance. Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs to complainant

An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8.30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found that, taking into account the context, including that MMA: One Championship Weekly is an unclassified sports highlights show, the target audience of both the channel and the programme, and signposting at the beginning of the programme about the martial arts content, the fight footage used did not breach broadcasting standards.

Not Upheld: Good Taste and Decency, Children’s Interests, Violence

A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z. The Authority found that little, if any, sensitivity or respect was shown for the dignity, safety, reputation and mental wellbeing of the parties involved, and this represented a serious breach of broadcasting standards and a serious lack of understanding of the parties’ right to privacy.

Upheld: Privacy

Orders: Section 13(1)(d) $3,000 compensation to JN and $3,000 compensation to Z for the breaches of privacy; Section 16(4) $2,500 costs to the Crown

The song ‘(I Wanna Be) Your Underwear’ by Bryan Adams was broadcast on Puketapu Radio at 11.20am on 18 August 2017. The song contained lyrics such as, ‘I wanna be your lipstick when you lick it’ and ‘I wanna be your underwear’. The Authority did not uphold a complaint that the broadcast of this song was in poor taste. While it acknowledged that the lyrics were crude, the lyrics were in the nature of sexual innuendo, did not contain any explicit language and were similar to the innuendo contained in the lyrics for many rock or hard rock songs. The Authority reminded the broadcaster of its responsibilities under the Broadcasting Act 1989, particularly regarding the expectation for broadcasters to retain recordings of all broadcasts for 35 days.

Not Upheld: Good Taste and Decency