BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

The Authority has not upheld a complaint under the balance and accuracy standards about a 1News report on the start of a ceasefire deal between Hamas and Israel, and the first hostage/prisoner exchange as part of the deal. The complaint included claims the broadcast: failed to identify the West Bank as occupied; inaccurately cited how many were killed at the Nova festival and the identity of those attending the festival; inaccurately described the origin of the cars in the ‘car wall’; used ‘gratuitous adjectival framing to discredit Palestinian supporters’; and was overall unbalanced. Noting the challenges of verifying certain facts presented in the broadcast, the Authority did not uphold the complaints under the accuracy standard on the basis reasonable efforts had been made to ensure accuracy, or the relevant points were not materially inaccurate or misleading. The balance standard was not breached because it does not require news, current affairs, and factual programming to be presented without bias; significant alternative perspectives were included in the broadcast; and there was widespread reporting of significant perspectives on the hostage exchange and the Israel-Hamas conflict generally.                                                        

Not Upheld: Balance, Accuracy

The Authority has not upheld a complaint that presenters’ comments during a fundraising appeal promotion for Rhema Media’s Sanctuary Radio breached the accuracy standard. The presenters referred to the station as ‘listener funded’ which the complainant argued was misleading as Rhema Media also receives income from commercial businesses, charities and other sources. The broadcaster confirmed it is 85% listener funded, with listener support and contributions crucial to its identity and operations. The Authority found the term ‘listener funded’ in the context was part of brand messaging and audience engagement intended to rally support, rather than stating as fact the station is 100% listener funded. The Authority considered the risk of listeners being materially misled was low and did not justify restricting the broadcaster’s freedom of expression in the way it presented its fundraising promotion.

Not Upheld: Accuracy 

A promotion for Off the Grid with Colin and Manu included a clip of Manu asking Colin to ‘stop slurping’ when he eats and saying, ‘My mum would have smacked you in the head, you know’. The complainant alleged the comment was a breach of the offensive and disturbing content and promotion of illegal or antisocial behaviour standards. The Authority found the comment, in the context, was unlikely to seriously violate community norms or disproportionately disturb the audience. The Authority also found it was unlikely to encourage viewers to break the law or otherwise engage in serious antisocial activity.

Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour

The Authority has not upheld a complaint about a 1News item on Hon Erica Stanford MP’s use of her personal email account for ministerial business. The item included analysis and commentary from 1News’ Political Editor, which the complainant considered was targeted against the Coalition Government and unbalanced. The Authority found no breach of the balance standard as the item included significant relevant perspectives regarding Stanford’s actions and the matter had been broadly reported on. It also found there was no evidence of bias and robust political commentary is expected from reporters in the Political Editor role.

Not Upheld: Balance

The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply.

Not Upheld: Discrimination and Denigration, Accuracy, Fairness 

The Authority has not upheld a complaint about a Radio New Zealand report which indicated a run of hot days in Hamilton was probably unprecedented. The complainant provided records from the 1930s, suggesting Hamilton had previously experienced a heatwave of greater duration and intensity. He argued the broadcast was inaccurate and, when notified of the previous heatwave, RNZ had taken insufficient actions to correct any misleading impressions. The Authority found the statements complained about were analysis, comment or opinion to which the standard does not apply and, in any event, did not result in the broadcast being misleading.

Not Upheld: Accuracy

This complaint concerns a competition promo for Vince during ThreeNews including scenes of the main character sitting apparently naked in a bathroom stall and standing with a group of people in front of a banner labelled ‘CASH FOR THE CANCER KIDS’ when his trousers fall down. The Authority did not uphold a complaint the promo breached the children’s interests standard due to nudity, noting Vince’s buttocks and genitals were pixelated and there was no suggestion of sexual behaviour. The Authority found the promo was appropriate for broadcast during an unclassified news programme and did not require an advisory. It also found the promo was unlikely to cause widespread undue offence or distress and did not promote illegal or serious antisocial behaviour.

Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour

The Authority has not upheld a complaint which allegedly featured ‘gendered and vulgar’ language on Heather du Plessis-Allan Drive. The presenter suggested the Prime Minister needed to grow ‘a bigger set of balls’ in response to his handling of the resignation of cabinet minister Andrew Bayly. The Authority concluded the presenter’s language, while provocative, was unlikely to cause widespread undue offence or distress among the audience.

Not Upheld: Offensive and Disturbing Content 

The Authority has not upheld a complaint under the accuracy standard about a 1News report on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged the broadcast’s framing of the Treaty principles as partnership, participation, and protection (the Three Ps) was ‘incomplete and confused’, and describing the Bill’s three principles as ‘new’ erroneously suggested the Bill was rewriting the Treaty principles. The broadcast stated, ‘there are no principles that have been expressly defined or set out in law’ and recited the Three Ps as the ‘current main three principles’. In the context of the segment, the reporter’s comments were unlikely to mislead viewers, and any potential harm caused was not at a level justifying intervention. Additionally, it was not misleading, in the context, to refer to the Bill’s three principles as ‘new’.

Not Upheld: Accuracy

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply.

Not Upheld: Balance, Accuracy, Fairness