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Download a PDF of Decision No. 1993-133:Associate Minister of Health (Hon Maurice Williamson) and Television New Zealand Ltd - 1993-133 PDF1. 02 MB...

The Authority has not upheld a complaint about a Seven Sharp item which featured presenter Hilary Barry accompanying an entertainer and keen hunter on a seasonal duck shooting trip to mark the hunter’s appointment as the first patron of Fish & Game New Zealand. The complainant considered the item offensive in showing animal cruelty and disrespect for wildlife, inaccurate in stating ‘only introduced species’ are hunted in Aotearoa New Zealand (noting the patron shot a native paradise shelduck), and failed to reflect alternative perspectives on the cruelty and ecologically harmful effects of duck shooting. The Authority found the segment was a human-interest piece focused more on the patron than hunting and was consistent with the style and tone of Seven Sharp; viewers would not have been unduly surprised or disturbed by the content....

The Authority has not upheld a complaint under the balance, accuracy and fairness standards about a broadcast of 1News discussing the United States’ decision to send more combat aircraft and war ships to the Middle East following the killing of Hamas political leader Ismail Haniyeh. The complainant argued the broadcast was unbalanced and biased towards American and Israeli interests by omitting to mention Haniyeh was the chief negotiator for Hamas in ceasefire negotiations relating to the ongoing Israel-Hamas conflict. The Authority found the broadcast was more of a report on recent events than a discussion of issues to which the balance standard might apply....

The Authority has not upheld an accuracy complaint about a 1News segment on the dangers of crossing sand bars. In the segment, a Coastguard representative said, ‘We recommend crossing the bar at high or low tide, so we can try and take the current out of the equation’. The complaint alleged the recommendation to cross at low tide was ‘wrong’ and ‘dangerous’ and Coastguard were not an authoritative source regarding maritime matters. The Authority considered there were reasonable arguments for a finding the statement was not materially inaccurate in the context of the broadcast. The segment’s overall emphasis was on the dangers and complexity in crossing sand bars, and the statement addressed just one of several risk factors mentioned. In any event, the Authority found it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a 1News report breached the accuracy standard through its story about the Independent Police Conduct Authority’s findings concerning a fatal shooting. The complainant considered the story misleading for its emphasis on the shooting being ‘unjustified’ without further context, including regarding the ‘fine margin’ of the decision. When considered as a whole, the Authority found a reasonable viewer was unlikely to come away from the broadcast with a wrong idea or impression of the facts. Not Upheld: Accuracy...

The Authority has not upheld a complaint Radio New Zealand’s news headlines regarding the government’s anticipated plans for replacement of the Interislander ferries breached the accuracy standard. The complainant said the headlines, stating the government’s plan was ‘reportedly to buy two smaller ships for $900 million, much more than the $551 million Labour’s paid’, were ‘mischievous’ noting the government’s intention to reduce costs, the ship cost component was implied to be ‘total project costs’ suggesting a substantial increase, and the comparisons of partial costs were ‘meaningless and speculation. ’ The Authority found the headlines were comment or opinion to which the accuracy standard does not apply....

The Authority has not upheld a complaint about two broadcasts on The OARsome Morning Show and The Afro-Caribbean Show respectively on OAR FM Dunedin, where the hosts shared their experiences of receiving the COVID-19 booster vaccine, and encouraged the audience to get vaccinated. The complainant alleged the broadcasts breached the accuracy and balance standards as they did not mention the risk of adverse reactions. The Authority found that the broadcasts did not imply any side effects would be minimal/non-existent and were not misleading by omitting mention of potential adverse reactions. The balance standard did not apply as the broadcasts did not discuss a controversial issue of public importance. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint about an item on 1 News covering the impact of COVID-19 on attendance at Christmas celebrations around the world. The complaint was the coverage of celebrations in Bethlehem, with reference to the closure of Israel’s international airport, created the impression that Bethlehem is part of Israel. The Authority acknowledged Bethlehem is a highly contested area, but also noted the broadcast was not about the Israel-Palestine conflict. The Authority found, in the context of the broadcast, the brief segment on celebrations in Bethlehem and the simple reference to the closure of Israel’s international airport was unlikely to have misled viewers. Not Upheld: Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Exposé: Prostitution – After the Act – documentary looking at the effect of the Prostitution Reform Act on the sex industry – allegedly in breach of law and order, balance and accuracyFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to illegal acts – not upheld Standard 4 (balance) – item provided a range of views on the controversial issue – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Exposé: Prostitution – After the Act was a documentary broadcast on TV One at 8. 30pm on 29 September 2005. The programme examined the way in which the Prostitution Reform Act (PRA) had affected the sex industry in New Zealand. The introduction stated: In June 2003, prostitution was decriminalised....

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....

ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....

ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint about Sports Chat on RNZ’s Morning Report, during which the guest commentator briefly summarised violence surrounding the Maccabi Tel Aviv football match against local Dutch team Ajax in November in Amsterdam, including: ‘the Amsterdam Mayor has come out and said, look, criminals on scooters searched the city for Maccabi supporters in hit-and-run attacks. …said [they were] all antisemitic. ’ The complaint was that RNZ ‘severely distorted’ the context of the events to the point of inaccuracy; discriminated against and denigrated ‘the Amsterdam people who responded to Maccabi’s racist provocations’ and immigrants, by ‘choosing to represent this as antisemitism’; and lacked balance and fairness by excluding Amsterdam locals’ perspective. The Authority did not uphold the complaint, finding the brief summary of the Amsterdam mayor’s response was not materially misleading in the context of Sports Chat, and the remaining standards did not apply....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...