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Latest Decisions

The list below contains our recently published decisions, with the latest at the top. 


Scott and Mediaworks TV Ltd - 2017-092 (16 February 2018)

An item on Newshub by political editor Patrick Gower reported on National Party Leader Bill English’s claim that the Labour Party would raise income tax if they won the 2017 General Election. Mr Gower stated that the National Party was ‘deliberately spreading misinformation’ about Labour’s income tax policy. The Authority did not uphold a complaint that Mr Gower deliberately misled the public prior to the election. The Authority emphasised the importance of freedom of political expression, particularly in an election year. The Authority considered significant viewpoints on the issue discussed were adequately presented in the broadcast and within the period of current interest, enabling the audience to form their own opinions. The Authority also found that the comments complained about were statements of analysis and opinion, rather than statements of fact, so the accuracy standard did not apply.

Not Upheld: Balance, Accuracy

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Johnson and Television New Zealand Ltd - 2017-055 (18 December 2017)

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

An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother. While the Authority acknowledged the broadcaster’s attempts to contact X and her mother, in order for them to be treated fairly, they needed to be given the opportunity to respond specifically to the negative comments made about their character and personal lives, and if they elected not to respond, consideration ought to have been given to whether the comments should be removed or edited. The Authority did not uphold the remaining aspects of Ms Johnson’s complaint, finding that the programme did not mislead viewers and was accurate in relation to all material points of fact. As X was not identified, no breach of privacy occurred, and the programme did not amount to a discussion of a controversial issue of public importance which required balancing views.

Upheld: Fairness; Not Upheld: Accuracy, Privacy, Balance. No Order.  

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McCaughan and Television New Zealand Ltd - 2017-083 (18 December 2017)

During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking.’ The following evening, Mr Hosking attempted to clarify his comment by saying, ‘Now, the fact that anyone can vote for [the Māori Party] as a list party I automatically assumed we all knew given we have been doing this for 20 years…’ The Authority upheld a complaint that Mr Hosking’s comments were inaccurate, finding that Mr Hosking’s statement about who was eligible to vote for the Māori Party was a material point of fact that was inaccurate and misleading. Further, his comments the following evening were confusing and insufficient to correct the inaccurate information for viewers. The Authority acknowledged the high value of political expression during an election period, but found that the potential harm in this case – providing inaccurate information which had the potential to influence voters, despite the alleged clarification – outweighed the broadcaster’s right to freedom of expression.

Upheld: Accuracy; Order: section 13(1)(a) broadcast statement.

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Judge and Television New Zealand Ltd - 2017-078 (18 December 2017)

A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest. This segment amounted to robust political discourse that was to be expected during an election period, and the Authority concluded that upholding the complaint would unreasonably restrict the right to freedom of expression and political speech.

Not Upheld: Balance, Accuracy

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Boyce and MediaWorks TV Ltd - 2017-087 (15 December 2017)

An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independent political commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective. Therefore viewers would not have been misled.

Not Upheld: Balance, Accuracy

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