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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 153/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Summary Gary McCormick, a guest on National Radio’s Nine to Noon on 22 July 1999, joked with the host about a news report that day that an IRD employee had offered to forego an audit of some prostitutes in exchange for free sex. Referring to a Civil Aviation Authority report on an air accident reported that day, he joked that he would ask the CAA to provide a warrant for his car. Mr Boyce complained to Radio New Zealand Ltd, the broadcaster, that the exchanges were inappropriate. When he did not receive a response from RNZ within the statutory time limit, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The Authority sought RNZ’s comments on the complaint. It reported that it had responded to the complaint 19 working days after its receipt....

ComplaintDreams of a Suburban Mercenary – short story – offensive language – broadcaster not mindful of the effect on children FindingsPrinciple 1 – artistic work – acceptable use in context – no uphold Principle 7 and Guideline 7b – not targeted at young listeners – no uphold This headnote does not form part of the decision. Summary [1] "Dreams of a Suburban Mercenary" was the title of the short story broadcast on National Radio after the midday news on Saturday, 2 February 2002. The story included the words "fucking" and "bastard". [2] R L Bailey complained to Radio New Zealand Limited, the broadcaster, that the language breached standards relating to good taste and decency, and that the broadcaster was not mindful of the effect the broadcast may have on children....

Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....

ComplaintNine to Noon – National Radio – review of events – political editor’s comment – inaccurate FindingsPrinciple 6 – editorial opinion – principle not applicable – no uphold This headnote does not form part of the decision. Summary [1] RNZ’s political editor (Al Morrison) reviewed events during the week of 6–10 May in a segment broadcast on Nine to Noon between 9. 45–10. 00am on 10 May 2002. The review is broadcast weekly and, on this occasion, he referred to a speech by the Minister of Labour in which, he said, the Minister said that "the basic shape of the income system" had not changed for some years. [2] Simon Boyce complained to Radio New Zealand Ltd, the broadcaster, that the item was factually inaccurate....

Download a PDF of Decision No. 1993-076:Ryall MP and Radio New Zealand Ltd - 1993-076 PDF545. 05 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about Russia’s proposal to use a controlled nuclear explosion to contain an oil leak in the Gulf of Mexico – comment from expert from Auckland University – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – standard primarily concerned with sexual or violent material or coarse language – broadcast not likely to have offended listeners – not upheld Standard 7 (discrimination and denigration) – light-hearted discussion – insufficient invective to encourage discrimination against or denigration of Russians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] At 4....

The Authority has not upheld a complaint that a broadcast of Morning Report breached the accuracy standard through its reporting on research conducted by the New Zealand Institute of Economic Research. The research indicated ‘At Level 1, among teachers who at least had attempted to gain credits in any of English, maths or science, significant percentages failed to gain an Achieved level endorsement (the NCEA equivalent of a subject pass). ’ The complainant considered the broadcast misleadingly implied an alarming number of primary teachers were unqualified to be teaching these subjects, by failing to make clear that further study was needed to qualify as a primary school teacher, or that an Achieved level endorsement at Level 1 is an optional award....

The Authority did not uphold a complaint about an item on Nine to Noon with Kathryn Ryan that featured interviews with National Secretary of the New Zealand Professional Firefighters Union, Wattie Watson, and previous board member of the United Fire Brigades' Association (UFBA), Judith Stanley, about the handling of complaints by UFBA, and an investigation into its chief executive, Bill Butzbach, citing allegations made against him, and the board’s chair, Richie Smith. The complaint was that the item breached the balance, accuracy, privacy and fairness standards on the basis it gave undue prominence to the ‘ill-informed’ views of those with a vested interest in discrediting the UFBA, and did not present the views of the UFBA and facts provided by it until the very end. The Authority found the item achieved balance and fairness by giving the UFBA a reasonable opportunity to respond, and including its statement....

The Authority has not upheld a complaint Radio New Zealand’s news headlines regarding the government’s anticipated plans for replacement of the Interislander ferries breached the accuracy standard. The complainant said the headlines, stating the government’s plan was ‘reportedly to buy two smaller ships for $900 million, much more than the $551 million Labour’s paid’, were ‘mischievous’ noting the government’s intention to reduce costs, the ship cost component was implied to be ‘total project costs’ suggesting a substantial increase, and the comparisons of partial costs were ‘meaningless and speculation. ’ The Authority found the headlines were comment or opinion to which the accuracy standard does not apply....

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint an episode of Story Time, involving a reading of ‘Sight for Sore Eyes’ followed by comments from the announcer, breached the discrimination and denigration standard. The story was about a man in Eritrea suffering from trachoma, which was deteriorating his vision, who had his vision restored by a visiting eye doctor, Dr Fred Hollows. The announcer then recounted her, and a listener’s, experiences with the Fred Hollows Foundation. The complainant considered the broadcast used ableist language, implying blind people ‘require fixing’. The Authority found the language did not have this effect, was in keeping with the context of a fictional story about the treatment of preventable blindness, and did not carry any malice. Therefore the broadcast did not reach the threshold for breaching the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that an item on RNZ’s 9am news bulletin about an electricity shortage in New Zealand breached multiple standards. The complaint focused on the broadcast’s allegedly inappropriate use of terms such as energy, fossil fuels, power and electricity and the omission of contextual information. In the context of the news bulletin, the Authority found RNZ’s audience was unlikely to be misled. Accordingly, the accuracy standard was not breached. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

The Authority has not upheld a complaint regarding an episode of The Detail, where the host provided a correction to a comment made in a pre-recorded interview immediately after the comment. The Authority considered this sufficiently addressed the inaccuracy in the circumstances, and the way in which it was presented to the audience was an editorial decision open to the broadcaster. Not Upheld: Accuracy...

The Authority has not upheld a complaint about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

The Authority did not uphold a complaint that an interview with Hon Paul Goldsmith on Morning Report breached the balance and fairness standards. As the complaint did not specify a particular ‘controversial issue of public importance’ the balance standard did not apply. The Authority highlighted the value of robust political discourse and the vital role of media in encouraging and engaging in such discourse. Considering the nature of the programme and contextual factors, including the significant public interest in the interview and Mr Goldsmith’s experience in dealing with the media, the Authority did not find Mr Dann’s interview approach to be unfair. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint that segments on the News and Morning Report reporting on a murder suicide breached the good taste and decency, children’s interests and violence standards. The Authority noted the public interest in the broadcasts and audience’s awareness of the need to exercise discretion during news programming to regulate what their children are exposed to. The Authority also found that the News bulletins covering the item did not reach the threshold necessary to require a warning and that the warning that preceded the Morning Report item was sufficient to enable audiences to make informed choices as to whether they, or children in their care, should listen to the broadcast. Not Upheld: Good Taste and Decency, Children’s Interests, and Violence....

The Authority has not upheld a complaint that a brief Nine to Noon segment discussing the latest developments in a site investigation at the former Ivon Watkins-Dow (Dow) chemical plant in Paritūtū, New Plymouth lacked balance and accuracy. Noting the nature of the programme, the perspectives included in it and other media, and that the period of current interest for issues at Paritūtū was ongoing, the Authority found reasonable efforts were made to present significant viewpoints. The Authority also found none of the matters alleged to be inaccurate or misleading were materially inaccurate or misleading in the context. Not Upheld: Balance, Accuracy...

The Authority has not upheld a direct privacy complaint about an interview on Morning Report following the stabbing of an Auckland dairy worker. The interviewee (the local Neighbourhood Support Coordinator) speculated about who the victim could be and gave information about the living arrangements of the family who operated the dairy. The Authority did not find any breach of the privacy standard in relation to the victim’s family, on the basis the information disclosed did not attract a reasonable expectation of privacy. It noted in any event that the identity of the victim was officially confirmed soon after, and reporting on the circumstances surrounding the stabbing carried high public interest. Not Upheld: Privacy...