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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-086 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J B WILLIAMSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRANT SUMNER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

ComplaintCheckpoint – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsPrinciple 4 – MP given right to reply to criticism – no uphold Principle 5 – MP not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item broadcast on Checkpoint on National Radio at 5. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained....

Summary[This summary does not form part of the decision. ]Mediawatch included an interview with a senior member of New Zealand's media community. The Authority declined to determine the complaint that the interviewee was 'corrupt' and therefore the interview constituted inaccurate, unfair and irresponsible broadcasting. The complainant has previously made a number of similar complaints which did not raise matters of broadcasting standards, and has been warned that further similar complaints would be unlikely to be determined in the future. Accordingly the Authority considered the complaint to be vexatious. Declined to Determine: Good Taste and Decency, Accuracy, Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] Mediawatch included an interview with a senior member of New Zealand's media community. [2] Mr Golden argued in essence that as Mediawatch 'implies it takes the behaviour of the news media seriously', the decision to interview someone who is 'corrupt' amounted to inaccurate, unfair and irresponsible broadcasting....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Download a PDF of Decision No. 1993-107:Fudakowski and Radio New Zealand Ltd - 1993-107 PDF483. 7 KB...

The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

The Authority has declined to determine a complaint the use of the term ‘iTaukei’ to refer to indigenous Fijians breached the discrimination and denigration standard. In light of the Authority’s previous finding that a similarly innocuous use of the term did not breach broadcasting standards, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances the complaint should not be determined): Discrimination and Denigration...

The Authority has declined to determine a complaint alleging an item on Nine to Noon breached the offensive and disturbing content standard, due to a presenter using the expression ‘effing annoying’ when describing a character in a book review. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine this complaint.   Declined to Determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

The Authority has declined to determine a complaint alleging a news bulletin on RNZ was unbalanced due to the placement of an update on the Rugby World Cup, ahead of other news. The Authority found that in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

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 Authority1 has not upheld a complaint that interviews on The Detail discussing a ‘power imbalance’ between retirement village operators and residents breached the balance, accuracy and fairness standards. The complainant alleged the broadcast was unbalanced and unfair as it did not provide an alternative perspective from a retirement village operator or the industry, and the statement, ‘operators are just sitting on the weekly fee’, was inaccurate. The Authority found the broadcast was signalled as coming from a particular point of view and viewers were unlikely to expect a countering perspective in the broadcast. The Authority also found the alleged inaccurate statement was clearly distinguishable as analysis, comment or opinion and was not materially misleading. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint that an interview on Afternoons with Jesse Mulligan concerning the Gene Technology Bill breached the balance standard. The host interviewed a professor of biological sciences regarding the progress of the Bill, and whether reducing regulation around genetic modification in Aotearoa New Zealand was a good idea. The complainant considered the segment lacked balance as it only provided a viewpoint in favour of the Bill and genetic modification. The Authority did not uphold the complaint, finding the interview was clearly signalled as approaching the issue from a particular perspective, referred to the existence of other perspectives, and the broadcaster had reported extensively on the issue, emphasising a range of different perspectives, within the period of current interest. Not Upheld: Balance...

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority has declined to determine a complaint about a political commentator’s use of the phrase ‘not piss … them off too much’ when discussing Coalition Government tensions. The complainant argued the phrase was offensive. In light of the Authority’s Complaints that are unlikely to succeed guidance and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine this complaint.   Declined to Determine (section 11(b), Broadcasting Act 1989 — in all the circumstances, the complaint should not be determined):  Offensive and Disturbing Content...

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint an interview on Saturday Morning, where the host misgendered and ‘deadnamed’ the interviewee, breached the discrimination and denigration standard. While the Authority acknowledged the potential harm in the host’s words, it found the words were directed at the interviewee as an individual, not a section of society as required by the standard. The Authority, in implying the fairness standard, did not consider listeners would have been left with a negative impression of the interviewee. The potential harm therefore did not reach the threshold justifying regulatory intervention.    Not Upheld: Discrimination and Denigration, Fairness...