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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-081 Decision No: 1998-082 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A R MORETON of Auckland and ROBERT MENZIES of Picton RADIO NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

ComplaintNine to Noon – interview with Linda Clark – blasphemy – "Christ" – offensive language FindingsPrinciple 1 – community generally would not find offensive – no uphold This headnote does not form part of the decision. Summary An interview with Linda Clark, formerly Television New Zealand Ltd’s political editor, on Nine to Noon was rebroadcast on The Best of Nine to Noon at around 6. 45pm on National Radio on 22 December 1999. Rev Campbell complained to Radio New Zealand Ltd, the broadcaster, that the interviewee had used the word "Christ" as an exclamation. He considered that the language breached broadcasting standards requiring good taste and decency....

ComplaintNine to Noon – National Radio – review of events – political editor’s comment – inaccurate FindingsPrinciple 6 – editorial opinion – principle not applicable – no uphold This headnote does not form part of the decision. Summary [1] RNZ’s political editor (Al Morrison) reviewed events during the week of 6–10 May in a segment broadcast on Nine to Noon between 9. 45–10. 00am on 10 May 2002. The review is broadcast weekly and, on this occasion, he referred to a speech by the Minister of Labour in which, he said, the Minister said that "the basic shape of the income system" had not changed for some years. [2] Simon Boyce complained to Radio New Zealand Ltd, the broadcaster, that the item was factually inaccurate....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Summary [This summary does not form part of the decision. ]A media commentator on Nine to Noon made comments about the retirement of the editor of the Southland Times. The Authority declined to determine the complaint that the editor was ‘erroneously described… in glowing terms’. The complainant’s concerns about the way the editor was portrayed are matters of personal preference and editorial discretion, not broadcasting standards. The item clearly comprised personal opinion and did not require the presentation of other views. Declined to determine: Controversial IssuesIntroduction[1] During a discussion with a media commentator on Nine to Noon, comments were made about the retirement of the editor of the Southland Times. The programme was broadcast on 17 December 2013 on Radio New Zealand National....

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about a comment made by business commentator, Rod Oram, during a segment on Nine to Noon. The Authority found that Mr Oram’s view as to the effectiveness of a former Chair of a seed business was an opinion that is not subject to the accuracy standard. Not Upheld: Accuracy The item[1] A segment on Nine to Noon featured business commentator Rod Oram discussing the sale of a seed business. During the discussion Mr Oram said one of the former Chairs had been ‘highly effective’ in their previous roles. [2] The item was broadcast on 7 August 2018 on RNZ National. The complaint[3] Allan Golden complained that Mr Oram’s statement about the effectiveness of the former Chair was ‘not true’ as Mr Golden believed they had not been ‘highly effective’....

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

The Authority has not upheld a complaint under the balance standard about an interview on Nine to Noon. The complaint was that the interview about the subject of the truancy service system in schools only canvassed a single perspective. Considering the interview was signalled as approaching the issue from a particular perspective, the perspectives presented were criticism of the status quo, and the period of current interest is still ongoing, it is unlikely listeners would be left misinformed by the broadcast or unaware there were other perspectives on the issues discussed. Not Upheld: Balance...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – host spoke to a number of women about their experiences with dowry abuse in New Zealand – allegedly in breach of controversial issues, accuracy and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – highlighted problem of dowry abuse and presented experiences of a few women – not upheld Standard 5 (accuracy) – complainant did not identify any inaccurate statements – not upheld Standard 7 (discrimination and denigration) – complainant did not identify any group or section of the community – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

The Authority has declined to determine a complaint the use of the term ‘iTaukei’ to refer to indigenous Fijians breached the discrimination and denigration standard. In light of the Authority’s previous finding that a similarly innocuous use of the term did not breach broadcasting standards, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances the complaint should not be determined): Discrimination and Denigration...

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....