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Latest Decisions

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

Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)

During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error. The Authority also considered that the manner and tone in which Mr Garrett was brought up in the discussion, despite the passage of time since his offence, was unfair. The Authority did not make any order, finding publication of its decision was sufficient to publicly notify the breach of standards, and help to repair any harm caused to Mr Garrett.

Upheld: Accuracy (Action Taken), Fairness. Not Upheld: Balance, Discrimination and Denigration

No Order

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Ministry of Education and Radio New Zealand Ltd - 2017-076 (18 April 2018)

On 18 March 2017, RNZ reported on allegations made by the Board of Trustees at Salisbury School, a Nelson school for girls with complex learning needs, that the Ministry of Education (Ministry) had actively discouraged parents from enrolling children at the school so that it could be closed. On 31 March and 6 April 2017, RNZ broadcast a series of items about an alleged lack of funding, resources and support for Northland teachers struggling to cope with violent and disruptive children. The Authority upheld aspects of a complaint from the Ministry that RNZ’s coverage of these issues was unfair and unbalanced. While the Authority acknowledged the high public interest in these stories, and the important role of broadcast media in holding our government entities to account, it found that it was equally important in this case to ensure listeners were fully informed about the issues reported on, and this included being made aware of the Ministry’s views in response. This required the broadcaster to ensure that the Ministry was provided with a fair and reasonable opportunity to comment on the items, prior to broadcast.

Upheld: Balance, Fairness

No Order 

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Parlane and MediaWorks Radio Ltd - 2018-001 (18 April 2018)

During Morning Talk with Mark Sainsbury a caller to the programme discussed her experience with divorce legal proceedings in the Family Court and subsequent appeals. A complaint was made that, by allowing the caller to disclose details of the proceedings, the broadcaster breached the law and order standard. The Authority expressed serious concerns with the way in which the call was allowed to progress, as private information was disclosed by the caller which had been suppressed in the Family Court. The Authority found the broadcaster needs to be more alert to the issues surrounding Family Court matters and similar proceedings as issues of contempt, as well as fairness and privacy, may arise. However, the Authority did not consider the broadcaster could reasonably be said to have actively encouraged listeners to break the law by allowing the caller on air, in the manner envisaged by the law and order standard.

Not Upheld: Law and Order

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13 Complainants and Television New Zealand Ltd - 2017-101 (4 April 2018)

The first two episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9.45pm on Friday 27 October 2017, and 9.30pm on Friday 3 November 2017. The essence of the programme is that a clothed individual selects a date from six naked individuals, who are gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Thirteen complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted the programme was broadcast at a time on a weekend night when children were likely to be watching. The Authority did not agree with the complainants that this programme ought not to have been broadcast at all. It observed that, while the programme may not have been to everybody’s taste, it contained many body-positive messages and those involved in the programme spoke positively of their experiences. However, the Authority upheld the good taste and decency complaints on one aspect, finding the pre-broadcast warning did not adequately signpost the extent of nudity and sexual references in the programme for viewers, meaning viewers did not have all the information they needed to decide whether to watch or continue watching.  

Upheld: Good Taste and Decency. Not Upheld: Children’s Interests. No Order.

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Johnson and Radio New Zealand Ltd - 2018-003 (28 March 2018)

An item on Morning Report featured an interview between presenter Kim Hill and a seismologist from GNS Science, following a 4.3-magnitude earthquake the previous night. At the beginning of the interview, during a discussion of the seismologist’s initial reaction to the earthquake, Ms Hill said, ‘WTF’. The Authority did not uphold a complaint that the use of the term ‘WTF’ in this broadcast was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of RNZ and Kim Hill, and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘WTF’ did not threaten community norms of taste and decency, or justify restricting the right to freedom of expression.

Not Upheld: Good Taste and Decency

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