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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-088 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

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....

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item on changing population statistics of New Zealand – introduced with reference to the possibility of New Zealand becoming a republic – allegedly unbalancedFindingsPrinciple 4 (balance) – topic of republicanism not the controversial issue of public importance covered by the item – balance on that issue not required – not upheldThis headnote does not form part of the decision. Broadcast [1] On 26 April 2005 at 7. 20am on National Radio, an item on Morning Report covered changing population statistics in New Zealand, noting the expectation of continuing increases in Asian, Māori and Pacific Island communities. The introduction to the item included the statement “some believe this will fuel arguments to ditch the Queen as the head of State”....

The Authority has not upheld a complaint about an item on Morning Report and a summary bulletin that discussed complaints about Kāinga Ora tenants forcing people to leave their homes. Kāinga Ora complained it was not given an opportunity to comment on one of two situations discussed during the broadcast, which led to the item being unbalanced, and was unfair to the agency. Noting the issue, and numerous similar cases, had been discussed over a number of months in RNZ reporting, the Authority found it was not required in the interests of either balance or fairness for Kāinga Ora to be given a specific opportunity to comment in relation to that particular case. In any event, the Housing Minister’s response, which referred to Kāinga Ora treating complaints seriously and its updated processes for dealing with complaints, was adequate to address the issues raised. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint that an interview with ACT Party leader David Seymour, on the day of the final reading in Parliament of the End of Life Choice Bill, was unbalanced. The complainant submitted that Mr Seymour was given free licence to give his views from his perspective as the sponsor and a strong advocate of the Bill, and it was important that either someone with opposing views was also given an opportunity, or that the interviewer critically questioned him, given the item’s proximity to the final reading of the Bill. The Authority accepted that issues surrounding the Bill and the euthanasia debate more broadly amounted to a controversial issue of public importance that triggered the requirements of the balance standard....

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-061 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CONNELL of Rotorua Broadcaster RADIO NEW ZEALAND LIMITED L M Loates R McLeod J Withers...

*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. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

The Authority has not upheld a complaint that an item covering the Electricity Authority’s new trading rule breached the accuracy and fairness standards. The item was materially accurate, given its focus was the introduction of a new trading rule, motivated in part to address an undesirable trading situation (associated with Meridian Energy’s actions). It was not unfair to Meridian, as the programme was not inaccurate in how it presented Meridian’s contribution to the ‘revamped’ rule. Not Upheld: Accuracy, Fairness...

Two complaints about a report on ‘explosive scenes at Parliament’ including a comment from Willow Jean Prime MP that statements from the National Party ‘really sound[ed] like “she asked for it, her skirt was too short. She was drunk”’ were not upheld. The Authority found the omission of Ms Prime’s subsequent withdrawal of the statement was not material to the story, and her specific comment was opinion to which the accuracy standard does not apply. The balance standard did not apply as the statement did not concern a controversial issue of public importance, and there was no unfairness to the National Party. Not Upheld: Accuracy, Fairness, Balance...

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 a segment on Morning Report breached the discrimination and denigration, and accuracy standards. The report was about trans men and non-binary people missing out on notifications for cervical screenings, due to how gender and sex are recorded by health services. The Authority found that the discrimination and denigration standard was not breached as the terminology used was specifically chosen to be inclusionary rather than exclusionary, and the inaccuracies alleged by the complainant were immaterial to the broadcast as a whole. Not Upheld: Discrimination and Denigration and Accuracy...

The Authority has not upheld a complaint alleging an item on Morning Report misrepresented the Hawke’s Bay Regional Council’s views responding to iwi concerns about groundwater issues, including why local streams were drying up, and did not properly examine the complexity of the issues. The Authority found no breach of the balance standard as the item focused on one aspect of the issue and was clearly presented from the iwi’s perspective, and there is ongoing coverage of various viewpoints on the topic. Not Upheld: Balance...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with South African Rugby Union President about the possibility of a rugby game between the New Zealand Māori team and the South African team – allegedly in breach of fairness Findings Standard 6 (fairness) – interviewee had sufficient opportunity to respond and clearly expressed his views – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] During Morning Report, broadcast on Radio New Zealand National between 6am and 9am on 20 February 2009, the host spent approximately six minutes interviewing the President of the South African Rugby Union. They discussed the possibility of revising the Union’s rules against playing racially selected sports teams, to allow a rugby game between the New Zealand Māori team and the South African team. The interviewee expressed the following views on the subject: . ....

A complaint that segments on Morning Report which discussed the abortion legislative reform process were unbalanced was not upheld. First, the Authority found the complaint amounted to a ‘formal complaint’ for the purposes of the Broadcasting Act 1989. However the Authority found the items did not breach the balance standard as they clearly approached the topic of abortion legislative reform from a particular perspective and that listeners could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Balance...