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Decisions
Wakelin and Television New Zealand Ltd - 2018-060 (26 October 2018)
2018-060

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about an item on 1 News reporting on the separation of migrant families in the United States. The complaint was that references to President Donald Trump’s ‘immigration crackdown’ and ‘Trump’s policy’ of separating children from their parents were misleading, unbalanced and unfair as the relevant law pre-dated Trump’s presidency. The Authority concluded the broadcast did not breach the accuracy, balance or fairness standards, as the references reasonably reflected the Trump administration’s position regarding the enforcement of criminal prosecutions for illegal immigrants. The Authority emphasised the high level of public and political interest in the story and found that any limitation on the right to freedom of expression on this occasion would be unjustified....

Decisions
Dobson & Erickson and Television New Zealand Ltd - 2022-121 (27 February 2023)
2022-121

The Authority has not upheld complaints under the accuracy, balance, and fairness standards regarding an item on 1 News reporting on the global economy. The item referred to the National Party’s tax policy and included comments from both the Leader of the Opposition Christopher Luxon MP and Rt Hon Jacinda Ardern. The complainants considered the report’s editing of comments misled the audience to ‘think that PM Jacinda Ardern thinks financial discipline is not right nor good for New Zealand’. The Authority did not consider a reasonable viewer would be left with this impression. The balance and fairness standards were not breached. Not upheld: Accuracy, Balance, Fairness...

Decisions
Wakeman and Television New Zealand Ltd - ID2023-050 (9 August 2023)
ID2023-050

The complainant referred a complaint concerning an item broadcast on 1 News accompanied by submissions in excess of 100 pages, indicating further submissions would be required. The Authority ordered the complainant to resubmit the complaint in a more proportionate form, constituting a single submission not exceeding 2,000 words, within 20 working days of this decision. Order to resubmit complaint in a form not exceeding 2,000 words within 20 working days...

Decisions
White and Television New Zealand Ltd - 2023-056 (3 October 2023)
2023-056

The Authority has not upheld a complaint that an item on 1 News reporting on the upcoming Budget breached the accuracy standard. The reporter stated the Government unveiled a report the previous day showing the ‘very wealthy pay less than half the tax of the average Kiwi. ’ The complainant considered this statement was inaccurate as that report found the wealthiest pay less than half the tax rate of the average Kiwi. While acknowledging this distinction, the Authority considered the brief statement was unlikely to significantly affect viewers’ understanding of the item where the focus was on the upcoming Budget and its omission of a cyclone levy or any ‘major new taxes. ’ Further, in introducing the item, the host correctly noted the report found there was a gulf in ‘effective tax rates. ’ Not Upheld: Accuracy...

Decisions
Short and Television New Zealand Ltd - 2023-102 (29 November 2023)
2023-102

The Authority has declined to determine a complaint an item on 1 News was unbalanced for raising the possibility that Labour could lose the 2023 election. The balance standard did not apply to the concerns raised, and the broadcaster adequately responded to the concerns in the original complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance...

Decisions
Francis and Television New Zealand Ltd - 2021-045 (6 September 2021)
2021-045

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Miller and Television New Zealand Ltd - 2022-036 (21 June 2022)
2022-036

As part of a news item on ‘main developments overnight’ in the war between Russia and Ukraine, a clip was shown where the presenter stated ‘This is footage we’re seeing from Ukraine, a Russian tank in the capital of Kyiv swerving to drive over the top of a car with someone inside. ’ The complainant alleged this was inaccurate, submitting it was actually a Ukrainian anti-aircraft vehicle which lost control and swerved into the vehicle. The Authority found that the exact type of military vehicle involved in the incident was not material to the broadcast and the accuracy standard did not apply to this point. In terms of whether the vehicle was attributable to Russian or Ukrainian forces, and whether the collision was deliberate, given conflicting reports it was unclear whether the broadcast was misleading on these points....

Decisions
Erickson and Television New Zealand Ltd - 2022-129 (7 March 2023)
2022-129

The Authority has not upheld a complaint that a 1 News segment on the Military’s bid to replace two 757 planes breached broadcasting standards. The complainant alleged statements – linking Prime Minister Jacinda Ardern ‘hitching a ride’ on the Canadian Prime Minister’s VIP plane, with the ability and age of the Air Force’s 757s – breached the accuracy, balance, and fairness standards, due to the failure to include the Prime Minister’s full statement on why she caught the flight. The Authority found the broadcast was materially accurate, and the balance standard did not apply as the complainant’s concerns did not relate to a controversial issue of public importance. The broadcast was not unfair to Ardern.   Not Upheld: Accuracy, Balance, Fairness...

Decisions
Cross and Television New Zealand Ltd - 2023-035 (14 June 2023)
2023-035

The Authority has not upheld a complaint an item on 1 News reporting on Immigration New Zealand’s decision to allow Kellie-Jay Keen-Minshull (also known as Posie Parker) into New Zealand breached the balance and fairness standards. The complainant was concerned with the broadcast’s description of Parker as ‘anti-trans’ rather than ‘pro-women’, and its link between Parker and people doing Nazi salutes at her events. The Authority found the item was balanced, referring to comments from both the Immigration Minister and Parker herself. It also considered Parker was treated fairly in the broadcast, noting the right to freedom of expression means broadcasters are free to use descriptors they consider appropriate, provided they do not breach broadcasting standards. Not Upheld: Balance, Fairness...

Decisions
Powell and Television New Zealand Ltd - 2021-127 (20 December 2021)
2021-127

The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading. Not Upheld: Accuracy...

Decisions
Brewster and Television New Zealand Ltd - 2022-103 (22 November 2022)
2022-103

The Authority has not upheld a complaint an item on 1 News reporting on people living in cars breached the accuracy standard. The broadcast included figures of the number of people living in cars in 2017 and 2022, but noted the issue was ‘not easy to quantify’. It also included interviews with community organisations, footage from 2017 electoral debates on the issue, and interviews with the Associate Housing Minister and Leader of the Opposition. The complaint alleged the figures were inaccurate and the broadcast misleadingly suggested Labour Party policy was responsible for the issue. The Authority recognised a lack of data in this area, but found the broadcast was materially accurate and, in any event, relied on reputable sources (being data provided by the Ministry of Social Development)....

Decisions
Torrey & Mayell and Television New Zealand Ltd - 2019-102 (7 May 2020)
2019-102

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch....

Decisions
Hutchinson and Television New Zealand Ltd - 2020-073 (16 December 2020)
2020-073

The Authority has not upheld a complaint about an item on 1 News covering police brutality in the United States of America and comments made by its President Donald Trump about deceased victim of police brutality, George Floyd. The item reported Mr Trump was ‘copping more flack’ for his comments and that, ‘celebrating better than expected employment numbers, he bizarrely called it a great day for George Floyd’. To the extent the broadcast may be considered inaccurate or misleading for suggesting an incorrect interpretation of Mr Trump’s comments, the Authority found it was not material. The Authority also considered Mr Trump is a high profile politician and public figure and could have reasonably expected to be subject to such scrutiny. Not Upheld: Accuracy, Fairness...

Decisions
Mulgan & Winkler and Television New Zealand Ltd - 2021-032 (2 August 2021)
2021-032

The Authority has not upheld a complaint about an item on 1 News that discussed ‘growing calls’ for New Zealand’s right to silence laws to be urgently changed. The complaint was the item failed to present the views of the many authorities who support the status quo, or include relevant historical context, and used unduly emotive language to advance an unbalanced narrative. The Authority noted the balance standard allows for significant viewpoints to be presented over time, within the period of current interest, and does not require every programme to canvass all significant views on a particular topic. It found there was extensive coverage around the time of the broadcast that provided a range of views and information on the right to silence in cases of child abuse. It also found the broadcast approached this issue from a particular perspective and did not purport to be a balanced examination....

Decisions
Hehir and Television New Zealand Ltd - 2021-058 (24 August 2021)
2021-058

The Authority has not upheld a complaint about an item on 1 News including criticism of Easter trading restrictions and of the councils imposing them, in the wake of COVID-19 and its impact on retailers. The complainant alleged the item was unbalanced on the basis it failed to include the views of the councils being criticised, and of others who supported current restrictions, such as unions and churches. The Authority found, in the context of an item discussing criticism of the status quo, and where debate about Easter trading restrictions and coverage of such debate is ongoing, viewers were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

Decisions
Wong & Soper and Television New Zealand Ltd - 2020-177 (22 June 2021)
2020-177

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply....

Decisions
Cant and Television New Zealand Ltd - 2021-030 (15 July 2021)
2021-030

The Authority has not upheld a complaint about a 1 News item looking at the housing crisis on Waiheke Island. One affected resident who was interviewed said he ‘[felt] like a gypsy wandering around, living out of suitcases and boxes’. The complaint was that the use of the word ‘gypsy’ was derogatory and evokes prejudicial biases towards the Roma community. While the Authority has previously acknowledged the potential harm in the use of the word, in this particular context it did not outweigh the interviewee’s right to express himself and describe his experience. This expression and the item as a whole carried high value and public interest and did not warrant regulatory intervention or restricting the important right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Walker and Television New Zealand Ltd - 2020-093 (28 January 2021)
2020-093

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Ross and Television New Zealand Ltd - 2023-042 (30 August 2023)
2023-042

The Authority did not uphold a complaint a report on 1 News showing footage of a homicide at a Raumanga service station breached the offensive and disturbing content and promotion of illegal or antisocial behaviour standards. The complainant considered it was inappropriate to show footage of ‘a murder being committed,’ and that it promoted antisocial behaviour. The Authority found the footage was justified in the context, noting there was no unreasonable or unnecessary degree of graphic detail, news programmes by their nature often feature challenging material, and the introduction to the item (which signposted the ‘confronting video clip’ and included a warning) adequately informed viewers of the nature of the footage, enabling them to choose not to watch. It also noted the public interest in showing the footage given Police’s request for assistance in the matter....

Decisions
Neal and Television New Zealand Ltd - 2024-018 (22 April 2024)
2024-018

The Authority has not upheld a complaint a 1News segment on James Shaw’s decision to resign as co-leader of the Green Party breached the accuracy, balance, and fairness standards for including a statement from former Prime Minister Chris Hipkins that emissions had decreased for three years in a row. The Authority found the statement was not a material fact likely to impact the audience’s understanding of the broadcast as a whole – which was focussed on Shaw’s resignation and legacy and not on emissions levels. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance and Fairness...

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