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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
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
Povey and Television New Zealand Ltd - 2020-173 (25 May 2021)
2020-173

The Authority has not upheld a complaint that various 1 News items referring to Joe Biden as the ‘president-elect’ before confirmation by the United States Electoral College breached the balance, accuracy and fairness standards. The Authority found this was a technical distinction that would not have altered viewers’ overall understanding of the items, therefore it was not a ‘material’ point of fact for the purposes of the accuracy standard. To the extent the items touched on the outcome of the United States election, which in some circumstances may amount to a controversial issue of public importance triggering the balance standard, the Authority was satisfied the standard was not breached taking into account the perspectives acknowledged within the items as well as in a wide range of other coverage both by TVNZ and media generally....

Decisions
Scott and Television New Zealand Ltd - 2018-088 (18 December 2018)
2018-088

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a 1 News item, reporting on a national hikoi against the use of 1080, was unbalanced. The item focused on claims from the Department of Conservation (DOC) and Forest & Bird that the increased protest activity was resulting in a rise in threats to staff. The Authority recognised that the item addressed a controversial issue of public importance and found that it pointed to significant viewpoints on this issue, with comment sought from the hikoi organiser, as well as representatives from DOC, Forest & Bird and the Minister of Conservation. The issue was also widely reported in other news media, during the period of current interest, with viewers therefore likely to be aware of the main perspectives on this narrow issue associated with the 1080 debate....

Decisions
Boom and Television New Zealand Ltd - 2022-059 (20 July 2022)
2022-059

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

Decisions
Hailstone and Television New Zealand Ltd - 2022-139 (22 March 2023)
2022-139

The Authority has not upheld a complaint that a reporter’s comment during a segment on 1 News concerning the death of a child from a throat infection breached the offensive and disturbing content standard. The Authority acknowledged the relevant phrase represented a poor choice of words. However, in the context, the Authority accepted that it was inadvertent and did not merit regulatory intervention. Not Upheld: Offensive and Disturbing Content...

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
Watson and Television New Zealand Ltd - 2020-151 (20 April 2021)
2020-151

The Authority has not upheld a complaint about an item on 1 News, which reported on the results of a Colmar Brunton poll concerning party support and leader popularity, in comparison to a previous poll, without presenting the margin of error. The complaint alleged the broadcaster misrepresented the significance of the change in results by excluding the margin of error. The Authority found that polling is a speculative exercise and the public understands this, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

Decisions
Schon and Television New Zealand Ltd - 2022-080 (26 October 2022)
2022-080

The Authority has not upheld a complaint that an item on 1 News concerning increased racism experienced by public figures in relation to co-governance issues breached the balance, accuracy and discrimination and denigration standards. The complainant alleged the association of opponents of co-governance with racist abuse was an attempt to paint all opponents as racist and stop debate. The Authority found the broadcast was accurate and the expert featured could reasonably be relied upon, and the balance standard was not applicable. While the complainant was concerned the broadcasts denigrated opponents of co-governance, this group is not a recognised section of society for the purposes of the standard. Not upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Higgins and Television New Zealand Ltd - 2023-002 (12 April 2023)
2023-002

The Authority did not uphold a complaint a reference to ‘Māori currently waiting 12 months longer than others for surgery’ in the introduction of a 1 News item breached the accuracy, discrimination and denigration, and fairness standards. The Authority accepted the reference was inaccurate, as it should have said ‘Māori were more likely than others to be waiting 12 months for surgery’ (not waiting 12 months longer). However, the Authority found the inaccuracy was not material, given the item’s focus on the pressures on the health system, potential negative outcomes of long waiting times, and the Planned Care Taskforce’s recommendations to reduce waiting times. In this context, the brief reference to Māori wait times in the introduction was unlikely to significantly affect viewers’ understanding of the item as a whole. The discrimination and denigration and fairness standards did not apply. Not Upheld: Accuracy, Discrimination and Denigration, Fairness...

Decisions
Stone & Maynard and Television New Zealand Ltd - 2022-048 (21 June 2022)
2022-048

The Authority has not upheld two complaints relating to a news item on Nicola Willis MP being appointed the National Party’s Finance Spokesperson. The complaints alleged the broadcast breached the accuracy and balance standards as it omitted the Speaker’s intervention of Willis’s questions to the Finance Minister during Question Time, allegedly leading viewers to believe the questions were delivered seamlessly and without fault. The Authority found the accuracy standard was not breached as the broadcast was materially accurate, and the balance standard did not apply, as the questions did not reflect a controversial issue of public importance. Not Upheld: Accuracy, Balance...

Decisions
XP and Television New Zealand Ltd - 2023-061 (20 November 2023)
2023-061

The Authority has not upheld a complaint an item on 1 News breached the complainant and her grandchild’s privacy. The item, which reported on the implications of GP shortages in Northland, included footage of the complainant and her grandchild (who was in a moonboot with crutches) leaving a medical centre, and of them in the waiting room. The Authority acknowledged the sensitive nature of health information and encouraged broadcasters to obtain the consent of persons filmed in a medical centre (particularly where children are involved). However, the Authority found there was no reasonable expectation of privacy in the particular facts disclosed (being attendance at a medical centre) noting the complainant was initially depicted outside the centre, from a public footpath, where there was no expectation of privacy. No additional information was disclosed by the subsequent footage from within the waiting room. Not Upheld: Privacy...

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
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
Kingston and Television New Zealand Ltd - 2022-100 (22 November 2022)
2022-100

The Authority has not upheld a complaint that a 1 News item, reporting on the sustainability implications of the Government’s programme providing free period products to schools, breached the offensive and disturbing content broadcasting standard. The broadcast outlined types of sustainable period products and included a demonstration on how to wash period underwear, using red-tinted liquid. The Authority found the content was within audience expectations of the item, and news programming more generally, and unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Pemberton and Television New Zealand Ltd - 2023-033 (14 June 2023)
2023-033

The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

Decisions
Peddie and Television New Zealand Ltd - 2023-054 (30 August 2023)
2023-054

The Authority has not upheld a complaint a 1 News item on the Ministerial Inquiry into woody debris (including forestry slash) and sediment in Tairāwhiti | Gisborne and Wairoa was inaccurate, due to the inclusion of some background footage of a forest near Tūrangi which had suffered windthrow. The complainant alleged the footage misled the audience to think forest damaged by windthrow was an example of what poor practices in the forestry sector look like. The Authority found the alleged inaccuracy was not material, and would not have significantly impacted viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Vincent and Television New Zealand Ltd - 2018-058 (26 October 2018)
2018-058

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about the action taken by a broadcaster in response to a complaint it received about incorrect reporting of casualties in an event in Gaza. Three news bulletins on 1 News and 1 News Midday reported inconsistent numbers of Palestinians killed and injured following protests in Gaza. The broadcaster upheld a complaint that two of the bulletins were inaccurate, however the complainant was dissatisfied with the action taken by the broadcaster in response to these breaches and referred the complaint to the Authority on this basis. The Authority found that TVNZ took sufficient action, noting the broadcaster apologised in its decision to the complainant and circulated a reminder to all newsroom staff about the importance of reporting this type of information correctly....

Decisions
Oxley and Television New Zealand Ltd - 2023-051 (18 October 2023)
2023-051

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

Decisions
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

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