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 about a 1News report on the recent rise in COVID-19 infections in New Zealand. The complainant alleged the programme was unbalanced for not mentioning a Cleveland Clinic study, which he alleged ‘shows a higher number of covid cases for each dose of the covid vaccine’, or other information about the effectiveness of the vaccine.  The Authority declined to determine the complaint as the broadcast did not discuss a controversial issue of public importance and the broadcaster’s decision adequately addressed the complaint.

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

The broadcast

[1]  A news bulletin on 1News on 28 May 2024 on the recent rise in the number of COVID-19 infections in New Zealand featured a couple who were enduring their fourth bout of COVID-19. They said this was despite having the vaccination and up to seven boosters:

Presenter: ‘COVID numbers are climbing again, rising to the highest levels in 18 months. It's prompting calls for people to get their boosters up to date and for the Government to help with prevention measures.

Lisa Davies:   No stranger to RAT tests now. This couple had COVID for the 4th time last week.

Interviewee 1: We're careful and, you know, but we do have primary school age children, so we're sitting ducks.

…

Interviewee 2: You know, we've done all the right things…. I think I’ve had seven vaccinations.

[2]  The bulletin then discussed the fact the uptake of boosters had dropped off significantly:

Michael Baker: Well, I think the public's become very complacent about COVID-19.

Davies: All indicators are showing increase in cases, doubling in just a week.

Baker: The current trend is quite alarming seeing this very big peak.

Davies: Wastewater testing shows higher levels than at any point last year.

Baker: It's telling us we need to take more precautions at the moment.

Davies: And this graph shows hospitalisations are on the rise too [overlaid with graphic].

Baker: And this is around 40 people a day now going into hospital. So we are seeing about two people a day dying from this infection.

Davies: Health New Zealand says the numbers suggest this is the start of a new COVID wave but it’s too soon to say exactly when it will peak.

[3]  The bulletin reported that Dr Baker wanted RAT tests and high performing masks to be provided free by the Government:

Baker: It's not doing you any good. Each time you get this infection, you run the risk of getting long COVID.

The complaint

[4]  Peter Wakeman complained the broadcast breached the balance standard of the Code of Broadcasting Standards in New Zealand as:

• It did not refer to a Cleveland Clinic study which ‘shows a higher number of covid cases for each dose of the covid vaccine’.
• He is not aware of any 1News broadcasts which ‘even mention the challenge to the validity and effectiveness of the vaccine that this study and others show’.
• ‘[This] scientific evidence should have been provided to viewers to demonstrate this alternative theory on the relationship between covid cases and number of covid vaccines’.  
• The issue is a ‘controversial issue of public importance when a country shuts down economically and has vaccine mandates despite former legal decisions’.

The broadcaster’s response

[5]  TVNZ did not uphold Wakeman’s complaint for the following reasons:

• The recent surge of COVID-19 cases in New Zealand is not ‘controversial’ in the sense envisaged by the balance standard, therefore the balance standard does not apply.
• TVNZ noted that the study provided in support of the complaint has a disclaimer stating, ‘This preprint reports new research that has not been certified by peer review and should not be used to guide clinical practice.’ 
• TVNZ added that factcheckers had found the ‘Cleveland-based study did not show vaccines increase Covid-19 risk, noting that ‘Many people on social media, however, have shared a preliminary finding from a Cleveland Clinic study and misrepresented it as proving that getting more doses increases a person’s risk of infection’.¹

Outcome: Declined to determine

[6]  We have watched the broadcast and read the correspondence listed in the Appendix.

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

[8]  In this case, the Authority considers it appropriate to exercise its s 11(b) discretion on the basis:

• The balance standard does not apply as the broadcast does not discuss a controversial issue of public importance. It discusses the recent rise in COVID-19 infections rather than the issues raised by the complainant.
• The Authority has also previously found vaccine safety (the issue raised by the complainant) is not a controversial issue of public importance.²
• The broadcaster’s response adequately addressed the complaint.

[9]  Therefore, in all the circumstances of the complaint, it should not be determined by the Authority. 

For the above reasons the Authority declines to determine the complaint under section 11(b) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

Susie Staley
Chair
24 October 2024   

Appendix 

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

1  Peter Wakeman’s formal complaint to TVNZ – 11 June 2024

2  TVNZ’s response to the complaint – 9 July 2024

3  Wakeman’s referral to the Authority – 22 July 2024

4  TVNZ’s confirmation of no further comment – 9 August 2024

¹ Factcheck.org Kate Yandell "Cleveland Clinic Study Did Not Show Vaccines Increase COVID-19 Risk" (online ed, 16 June 2023)
² See for example, Harold and NZME Radio Ltd, Decision No. 2023-015 and Donald and Television New Zealand Ltd, Decision No. 2021-033