Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

ComplaintInsight – item on housing policies unbalanced – biased – economical with facts FindingsPrinciple 4 – variety of views considered – no uphold Principle 6 – no evidence of inaccuracies – no uphold This headnote does not form part of the decision. Summary Government housing policy was the topic of an Insight programme broadcast on National Radio on 15 October 2000 beginning at about 8. 05am. The programme looked at the impact of Government policy on low-income consumers. Harry Lawson complained to Radio New Zealand Ltd, the broadcaster, that the programme was unbalanced and "economical with the facts". He noted that no professionals from the housing industry were included to counter "the half truths and emotional claptrap" that was uttered on the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Australian Tennis Open – some footage included a “Live” watermark even though the matches had already been played – allegedly inaccurateFindings Standard P8 (accuracy) – not a “significant error of fact” – not upheldThis headnote does not form part of the decision. Broadcast[1] From 14 to 27 January 2008, footage of the Australian Tennis Open was broadcast on SKY Sport 2 between 1pm and 12am. Between matches that were broadcast live, historical footage, simultaneous matches, and highlights from matches which had already taken place were screened to fill in the scheduled breaks. Some of these were introduced by commentators as footage that was filling the time between matches, or identified as games that had already been played earlier in the tournament. For example:. . . Later on, we’ve got the second of the men’s singles semi-finals. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported share market crash – political editor said it was “the worst financial crisis since the Wall Street crash of 1929” – allegedly inaccurate Findings Standard 5 (accuracy) – political editor was referring to wider financial crisis not share market crash – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 16 September 2008, was introduced as follows: Presenter 1: We begin tonight with the world’s worst financial crisis in years. Presenter 2: It’s even drawing comparisons with the Great Depression of the 1930s. [2] The One News political editor stated that “as New Zealand markets reacted to some of Wall Street’s darkest hours, the Finance Minister certainly wasn’t playing things down”....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....

Summary[This summary does not form part of the decision. ]The Pukeroa Oruawhata Trust has a regular broadcasting programme on Te Arawa FM, which is paid for by the Trust and enables the Trust to ‘share its views on issues affecting the Trust with its beneficiaries’. The programme featured an interview with the Trust’s deputy chairman, in which he made a number of negative comments about Te Komiti Nui o Ngāti Whakaue, Ngāti Whakaue Tribal Lands Incorporation and its former chairman. The Authority upheld a complaint that the programme was unbalanced, as it contained a discussion of issues that were controversial and of public importance to Te Arawa’s audience, but did not present any significant countering viewpoints to those expressed by the interviewee. The Authority also upheld the complaint that the former chairman of NWTLI, the complainant, was treated unfairly....

Summary [This summary does not form part of the decision. ]During a ‘Vote Smart’ segment on The Project, host Jesse Mulligan discussed what he considered to be the ‘horribl[e] underfund[ing]’ of the Department of Conservation (DoC). Mr Mulligan said, ‘DoC doesn’t have a big lobby group to argue their case. You know when Big Dairy puts their hand out, they get offered up to $400 million to spend on irrigation. That’s DoC’s whole budget, but it’s being spent on growing dairy, which, if anything, makes the conservation job even harder’. The Authority did not uphold a complaint that the comparison made between DoC and Crown Irrigation was inaccurate and misleading as the funding models of these two entities are different. The comment was not a statement of fact which triggered the requirements of the accuracy standard....

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, in which Prince Charles’ Duchy of Cornwall fund was described as ‘essentially his private slush fund’. The complaint was that this description was inaccurate and suggested illegal practices. In the context, given the public’s general understanding of ‘slush fund’, and the discretionary nature of the Duchy of Cornwall fund, the Authority found the use of the term was not inaccurate or misleading. The Authority also found this term did not undermine widely held community standards, and the balance standard did not apply. Not Upheld: Accuracy, Good Taste and Decency, Balance...

The Authority has not upheld a complaint that an item on 1 News reporting on the Government’s financial accounts breached the accuracy standard. The complainant alleged the Political Editor’s statement in the item that “…a bigger tax take has meant the deficit is half what was predicted in the May budget, a saving of more than 9 billion” was inaccurate, as it gave the impression that the lower-than-forecast deficit was achieved entirely from a bigger tax take, when almost a third of the saving came from less Government expenditure than predicted. While acknowledging the statement may have been misleading taken in isolation, the Authority found the brief statement would not have significantly affected the audience’s understanding of the item as a whole. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....

Summary[This summary does not form part of the decision. ]An item referred to during 1 News Coming Up reported on a meeting between the President of the United States of America, President Trump, and Canadian Prime Minister, Justin Trudeau. During the update, the newsreader said, ‘So, what did Canada’s leader Justin Trudeau say about Trump’s Muslim ban? ’ The Authority did not uphold a complaint that the use of the term ‘Muslim ban’ was inaccurate, in the context of the brief ‘coming up’ teaser which aimed to convey a lot of information in a short period of time. In this particular case it was acceptable shorthand referring to Executive Order 13769, and briefly highlighted a topic of discussion between the two leaders....