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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-003 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TONY SIMPSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 8/95 Decision No: 9/95 Dated the 23rd day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – reported that shareholders had questioned the appointment of a former director of Feltex as the new Auckland International Airport chairperson, “even though she left the failed carpet company 15 months before its collapse” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – timing of Feltex’s collapse not a material point of fact – item included comment from Ms Withers referring to the situation at Feltex – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Morning Report, broadcast on Radio New Zealand National on the morning of 29 October 2010, reported that Auckland International Airport had a new company chairperson....

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 about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

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....

A complaint that an RNZ news bulletin item breached the balance standard was not upheld. The item reported on a ‘Northland farmer’ who said his business would be put at risk by the government’s proposed methane reduction targets included in the Climate Change Response (Zero Carbon) Amendment Bill. The Authority found that while climate change issues are controversial issues of public importance, the item did not amount to a ‘discussion’ for the purposes of the standard, as it was a brief, straightforward news report that did not purport to be an in-depth examination of the proposed methane reduction targets or the Bill. Not Upheld: Balance...

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 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 that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

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....

Summary An item on Morning Report dealt with genetically modified plants. In some parts of the item, the commentary and opinions were accompanied by music. The item was broadcast on National Radio on 5 May 1999 at about 7. 50 am. Mr Purvis complained to Radio New Zealand Limited that the "mood music" which was played was designed to engender a sense of foreboding. He questioned whether similar music would follow a report about an out-of-favour politician. RNZ responded that the music drew attention to some of the opinions expressed in the item. The item itself did not pass judgment on whether those opinions were correct or not, it wrote. Some public alarm already existed about the issue of genetic modification of plants, it submitted, and the music highlighted parts of the item but it did not create alarm....

The Authority has not upheld a complaint about a Morning Report interview with Te Pāti Māori co-leader Debbie Ngarewa-Packer concerning the Israel/Gaza war. The complaint alleged the interview was unbalanced because no alternative perspective was presented to counter Ngarewa-Packer’s comments that Israel’s actions in Palestine amounted to genocide and apartheid, among other things, and that those statements were also inaccurate. The Authority acknowledged people may not agree with the terms used by Ngarewa-Packer during the interview and some would find them inflammatory, but ultimately found restricting the broadcaster’s and Ngarewa-Packer’s right to freedom of expression would be unjustified....

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 upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....