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Download a PDF of Decision No. 1992-027:Noble and Radio New Zealand Ltd - 1992-027 PDF163. 37 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-035 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANON G J J A HADLOW of Rotorua Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintMorning Report – item about benefits of replacing sugar with artificial sugar – public health researcher referred to sugar and butter as “natural poisons” – implied butter more harmful than margarine – stated New Zealanders’ shift to margarine had had substantial effect on heart disease rates – item allegedly unbalanced and inaccurate – butter not a poison – studies link margarine with increased risk of death/disability Findings Principle 4 – item not about butter – no requirement for balance – Principle 4 not applicable Principle 6 – not Authority’s role to decide whether butter is more or less harmful than margarine – decline to determine; “natural poison” the expression of opinion – not upheldThis headnote does not form part of the decision Summary [1] Senior public health researcher Professor Rod Jackson was interviewed on Morning Report on National Radio on 24 October 2003 in relation to his call for hospitals and schools to replace…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

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: . ....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

The Authority has not upheld a complaint that an interview between host Kim Hill and John Tamihere, Chief Executive of Te Whānau o Waipareira Trust and the Whānau Ora Commissioning Agency, on Radio New Zealand’s Morning Report breached broadcasting standards. It found the interview did not threaten current norms of good taste and decency, noting that the robust nature of the interview was in line with audience expectations of RNZ and Hill. It also found the balance standard was not breached on the basis that Tamihere was given sufficient time to express his views and, given other media coverage, viewers could reasonably be expected to be aware of other perspectives regarding how to best increase Māori vaccination rates. It further found that Tamihere was not treated unfairly during the interview. Not Upheld: Good Taste and Decency, Balance and Fairness...

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 153/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

ComplaintMorning Report – presenter stated "To Israel […] and the streets of Bethlehem" – inaccurate FindingsPrinciple 6 – implication that Bethlehem in Israel – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] On Morning Report broadcast on National Radio on 24 December 2002 at approximately 7. 50am, the presenter stated "To Israel […] and the streets of Bethlehem…". [2] On behalf of the Palestine Human Rights Campaign (PHRC), David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, as Bethlehem was not in Israel. [3] In response, RNZ said that the item was not inaccurate, as there was no assertion on the part of the presenter, or in the item, that Bethlehem was in Israel....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

Summary [This summary does not form part of the decision. ]An item on Morning Report reported on and discussed the introduction of ACT MP David Seymour’s End of Life Choice Bill 2017 to Parliament. The broadcast featured excerpts from speeches made during the first reading of the Bill, comments from RNZ’s political commentator and an interview with Mr Seymour. The Authority did not uphold a complaint that statements made by Mr Seymour that ‘[assisted dying is] becoming normal around the world’ were inaccurate. The Authority emphasised the importance of freedom of political expression and the high threshold required to justify limiting that expression. It found that the statement complained about was clearly distinguishable as Mr Seymour’s analysis and opinion, rather than a statement of fact to which the accuracy standard applied. Additionally, alternative viewpoints on the Bill were presented during the item so listeners would not have been misled....

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....

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 has not upheld a complaint about an interview with a delegate of the New Zealand Nurses Organisation. The complainant alleged that the interview was unfair, unbalanced and inaccurate as the host was rude, offensive, underprepared and did not allow her to read from a prepared statement. The Authority did not uphold the complaint under the fairness standard as, among other reasons, the interviewee was a delegate from a large union, who can be expected to handle robust questioning. The other standards raised either did not apply or were not breached. Not Upheld: Balance, Accuracy, Fairness...