BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

The Authority has declined to determine a complaint an item on 1 News was unbalanced for raising the possibility that Labour could lose the 2023 election. The balance standard did not apply to the concerns raised, and the broadcaster adequately responded to the concerns in the original complaint.

Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance

The broadcast

[1]  During the 22 September 2023 broadcast of 1 News, an item aired regarding Labour and National’s policies on government-funded school lunches. The following question was posed by the reporter to then Prime Minister Chris Hipkins:

‘With an election defeat on the cards, does Labour have a succession plan?’

The complaint

[2]  Jeffrey Short complained that the broadcast breached the balance standard of the Code of Broadcasting Standards in New Zealand as the comment about Labour facing defeat was ‘unbalanced and opinion, not news.’

The broadcaster’s response

[3]  TVNZ did not uphold Short’s complaint for the following reasons:

• ‘The possibility of Labour losing the election is not a controversial issue of public importance to which this Standard could reasonably have any application. There is no controversy in relation to the possibility that Labour will “lose” the election or, more accurately, be unable to form a Government following the election. Clearly, this is a possibility that reasonably exists. Moreover, at the time of the broadcast, credible political polls - including the 1 News Verian poll - were indicating that such an outcome was likely.’
• In this context ‘there could not have been any reasonable expectation that a range of alternative viewpoints would be included.’

Outcome: Decline to determine

[4]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if it considers that, in all the circumstances of the complaint, it should not be determined by the Authority.¹

[5]  In the circumstances, under s 11(b) of the Act, the Authority considers it should not determine the complaint because:

• The balance standard does not apply to the concerns raised. Its purpose is to ensure the inclusion of significant perspectives when a controversial issue of public importance is discussed.²
• The question complained about does not raise any issues of broadcasting standards which have not already been adequately addressed in the broadcaster’s response.

For the above reasons the Authority declines to determine the complaint.

Signed for and on behalf of the Authority

Susie Staley
Chair
29 November 2023    

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Jeffrey Short's formal complaint to TVNZ - 22 September 2023

2  TVNZ’s decision on the complaint - 13 October 2023

3  Short’s referral to the Authority - 13 October 2023

¹ See also: Broadcasting Standards Authority | Te Mana Whanonga Kaipāho “Guidance: BSA power to decline to determine a complaint”
² Standard 5, Code of Broadcasting Standards in New Zealand