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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 42/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CASINO CONTROL AUTHORITY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HOPE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

A segment on Sunday Morning interviewed Dr Maxime Taquet to discuss his research on long COVID. The complaint was the segment breached the accuracy, balance and discrimination and denigration standards as it (amongst other reasons) portrayed long COVID as a psychological rather than a neurological disorder. The Authority did not uphold the complaint, finding the broadcast did not imply long COVID was a psychological disorder. It also did not breach the balance or discrimination and denigration standards as the broadcast clearly signalled it was presenting Dr Taquet’s views and did not discriminate against, or denigrate, people affected with long COVID. Not Upheld: Accuracy, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint about an RNZ News item covering anti-racism protests in Washington and London. The item reported that after ‘a largely peaceful day’, some of the British protesters threw bottles at police, mounted officers charged at the protesters, and an officer ‘required hospital treatment after falling from her horse’. The complaint was that this characterisation of the events breached broadcasting standards as the protest was not ‘peaceful’ and other reports noted the horse bolted after a firework or similar was thrown from the crowd. The Authority found the item was materially accurate, and that the remaining standards raised were not applicable to the complainant’s concerns. Not Upheld: Accuracy, Balance, Fairness, Law and Order, Discrimination and Denigration...

The Authority has not upheld a complaint about an episode of Saturday Morning, in which host Kim Hill interviewed physician journalist and COVID-19 expert Dr Norman Swan. The complaint was that Dr Swan’s comments distinguishing between Long-Haul COVID-19 and Chronic Fatigue Syndrome normalised stigmatisation of the latter and breached the discrimination and denigration standard. The Authority acknowledged the complainant’s concerns, but found the comments did not reach the high threshold of harm that justifies restricting freedom of expression under the standard. Not Upheld: Discrimination and Denigration...

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

ComplaintBookmarks – book reading – offensive language; unsuitable for children FindingsPrinciple 1 – potential breach averted by words being beeped – no language or concepts which would offend – not targeted at children – no uphold This headnote does not form part of the decision. Summary An extract from the book "They who do not Grieve" by Sia Figiel was read by her on the Bookmarks programme broadcast on National Radio on 2 December 1999 beginning at 7. 00pm. Part of the extract was masked by an audible beep. Douglas Bacon complained to Radio New Zealand Ltd that the extract read was vulgar and that he could hardly believe the "obscenities" it contained. He said he took into account that it was broadcast during the early evening when younger people could be listening....

Summary [This summary does not form part of the decision. ]A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] On the morning of 6 September 2013, the presenter of Radio New Zealand Concert introduced a piece of music, as follows: …and now we’ve a fantasy by a composer considered to be a degenerate in Germany because of his Jewish origins....

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

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

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

The Authority has not upheld a complaint under the balance standard about an interview on Nine to Noon. The complaint was that the interview about the subject of the truancy service system in schools only canvassed a single perspective. Considering the interview was signalled as approaching the issue from a particular perspective, the perspectives presented were criticism of the status quo, and the period of current interest is still ongoing, it is unlikely listeners would be left misinformed by the broadcast or unaware there were other perspectives on the issues discussed. Not Upheld: Balance...

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 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 has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint alleging an interview with Waikato University senior lecturer in psychology Dr Jaimie Veale was inaccurate and unbalanced. While the item discussed a controversial issue of public importance, the selection of a transgender woman to the New Zealand Olympic team, it was clearly signalled as coming from a particular perspective. It focused on one aspect of the issue, the potentially stigmatising effect of the debate on trans people, and was part of a range of media coverage on the issue. The Authority also found there was nothing inaccurate or misleading in the way Dr Veale was introduced. Not Upheld: Balance, Accuracy...

The Authority has made the following directions in respect of the Waikato District Health Board’s referral: declined to accept the two affidavits submitted as part of the WDHB’s complaint invited the WDHB to provide alternative evidence to support its complaint referral, with reference to the formats outlined at paragraph [8] by 24 January 2022 asked RNZ to identify information it wishes to rely on by 24 January 2022, and the WDHB to provide confirmation as to whether such information is in dispute or can be accepted as correct within a further 10 working days invited any further comment from the parties regarding the management of these issues by 24 January 2022....