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Decisions
End-of-Life Choice Society NZ and Radio New Zealand Ltd - 2020-095 (1 October 2020)
2020-095

The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines, and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or to determine her personal view on the topic....

Decisions
Television New Zealand Ltd and Radio New Zealand Ltd - 1999-116
1999-116

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

Decisions
Golden and Radio New Zealand Ltd - 2015-017
2015-017

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Decisions
Parlane and Radio New Zealand Ltd - 2017-023 (16 June 2017)
2017-023

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Decisions
Barclay and Radio New Zealand Ltd - 2019-003 (20 May 2019)
2019-003

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

Decisions
Beach and Radio New Zealand Ltd - 2020-048 (14 September 2020)
2020-048

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

Decisions
Gray and Radio New Zealand Ltd - 2011-064
2011-064

Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

Decisions
Schwabe and Radio New Zealand Ltd - 2010-174
2010-174

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Decisions
Koster and Radio New Zealand Ltd - 1995-151, 1995-152
1995-151–152

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 151/95 Decision No: 152/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHANNA KOSTER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Credo Society Inc and Radio New Zealand Ltd - 1997-048
1997-048

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-048 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Benson-Pope and Radio New Zealand Ltd - 2005-083
2005-083

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

Decisions
Golden and Radio New Zealand Ltd - 2010-167
2010-167

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – reported that shareholders had questioned the appointment of a former director of Feltex as the new Auckland International Airport chairperson, “even though she left the failed carpet company 15 months before its collapse” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – timing of Feltex’s collapse not a material point of fact – item included comment from Ms Withers referring to the situation at Feltex – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Morning Report, broadcast on Radio New Zealand National on the morning of 29 October 2010, reported that Auckland International Airport had a new company chairperson....

Decisions
James and Radio New Zealand Ltd - 2003-091
2003-091

ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....

Decisions
Cook and Radio New Zealand Ltd - 2013-014
2013-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Decisions
Maasland and Radio New Zealand Ltd - 2018-065 (26 October 2018)
2018-065

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and US Palestinian writer and journalist Dr Ramzy Baroud was not upheld. The complaint was that the interview was unbalanced because there was no alternative perspective presented to counter Dr Baroud’s views that Israel’s actions amounted to ‘incremental genocide’ of the Palestinians, among other things. The Authority found RNZ made reasonable efforts as required by the balance standard, taking into account Ms Hill’s challenging of Dr Baroud and the use of devil’s advocate questioning, and other contextual factors. The Authority acknowledged that some may not agree with the terms used by Dr Baroud during the interview, but ultimately found that restricting the broadcaster’s or Dr Baroud’s right to freedom of expression would be unjustified....

Decisions
Keren and Radio New Zealand Ltd - 2014-144
2014-144

Summary[This summary does not form part of the decision. ]An item on Morning Report covered a truce between Israel and Hamas during the Gaza conflict. A Palestinian rights activist and an Israeli spokesman were interviewed. The Authority did not uphold the complaint that the item was unbalanced because more air time was given to the Palestinian view, and because no significant point of view was presented from an equivalent Israeli activist. There is no requirement for mathematically equal time to be given to competing perspectives on controversial issues. Sufficient efforts were made during the broadcast to showcase the Israeli, as well as the Palestinian, perspective. Further, listeners could reasonably be expected to be aware of a range of views on the Gaza conflict given the extensive and ongoing coverage of this issue....

Decisions
Golden and Radio New Zealand Ltd - 2013-028
2013-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Decisions
Connolly and Radio New Zealand Ltd - 1993-062
1993-062

Download a PDF of Decision No. 1993-062:Connolly and Radio New Zealand Ltd - 1993-062 PDF416. 71 KB...

Decisions
Bolot, Finlay and Gautier and Radio New Zealand Ltd - 2013-008
2013-008

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint, Nine to Noon and Sunday Morning with Chris Laidlaw – extended interviews contained discussions about an incident of escalating violence in the Gaza Strip in the context of the ongoing Israeli-Palestinian conflict – allegedly unbalancedFindings Standard 4 (controversial issues) – incident of escalating violence in the context of ongoing Israeli-Palestinian conflict amounted to a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints, including the Israeli perspective, across numerous news bulletins and programmes – not upheld This headnote does not form part of the decision. Introduction [1] Five selected items reporting on an episode of escalating violence in the Israeli-Palestinian conflict in the Gaza Strip were broadcast on Radio New Zealand National....

Decisions
Greer and Radio New Zealand Ltd - 1991-051
1991-051

Download a PDF of Decision No. 1991-051:Greer and Radio New Zealand Ltd - 1991-051 PDF815. 03 KB...

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