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Decisions
Al-Jiab and Television New Zealand Limited - 2024-041 (7 August 2024)
2024-041

The majority of the Authority has upheld a complaint that a segment on 1News Tonight reporting regarding an Israeli strike on Iran breached the accuracy standard. The complainant alleged the broadcast was misleading as the use of ‘unprecedented’ to describe a prior Iranian strike implied the Iranian strike was unprovoked, and this was compounded by the omission of reference to an earlier Israeli strike on an Iranian consulate building in Syria. The majority agreed the broadcast created a misleading impression of Iran’s actions through use of the term ‘unprecedented’ to describe its strike on Israel, inclusion of comments suggesting Israel’s strike to be a proportionate response and due to comments of the Iranian Foreign Minister being edited in a way rendering them unclear....

Decisions
Williams and Television New Zealand Ltd - 2024-098 (12 March 2024)
2024-098

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...

Decisions
Gibbs and Radio New Zealand Ltd - 2016-091 (8 March 2017)
2016-091

Summary[This summary does not form part of the decision. ]An item on Sunday Morning with Wallace Chapman, titled ‘Abortion and Civil Liberties – the Thames Stand-Off’, discussed ‘pro-life’ protestors, Voice for Life, and their longstanding protests outside Thames Hospital. The Authority did not uphold a complaint that the presenter was biased and that his treatment of the ‘pro-life’ representative was negative, unfair and unbalanced in comparison to his treatment of the ‘pro-choice’ representative. The Authority found that Mr Chapman’s treatment of the interviewees did not result in an unbalanced broadcast, as both perspectives on the debate were adequately put forward during the programme. While Mr Chapman’s questioning of the ‘pro-life’ representative was robust, his criticisms related to the Voice for Life group as a whole, and he did not attack the interviewee personally or come across as abusive towards her, such that she was treated unfairly....

Decisions
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

Decisions
Dent and Discovery NZ Ltd - 2022-131 (7 March 2023)
2022-131

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on the results of the Transport and Accident Investigation Commission’s investigation into a fatal mid-air collision at an unattended aerodrome. The complainant alleged the broadcast was inaccurate and unbalanced in its reporting that ‘dangers’ (such as the non-compliant procedure that had contributed to the crash) were occurring at other unattended aerodromes. The Authority found the broadcast accurately reflected the results of the investigation and the broadcast did not discuss a controversial issue of public importance for the purpose of the balance standard. Not Upheld: Accuracy, Balance...

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Swinney and Television New Zealand Ltd - 2006-011
2006-011

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an audio tape purporting to carry the voice of Osama Bin Laden – reporter said that “Bin Laden threatened to again take revenge on America as he did on 9/11” – allegedly inaccurateFindingsDecline to determine complaint under s. 11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An item on One News at 6pm on 20 January 2006 reported that an audio tape, purporting to carry the voice of Osama Bin Laden, had been broadcast by a television network in the Middle East. The tape had warned of new terrorist actions against the United States. The reporter said: In the tape that aired on Al Jazeera, Bin Laden threatened to again take revenge on America as he did on 9/11....

Decisions
Arthur and Television New Zealand Ltd - 2006-115
2006-115

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

Decisions
Powell and Radio New Zealand Ltd - 2002-146
2002-146

ComplaintInsight – item on issues facing foreign students in New Zealand – allegation of rape by student in home-stay situation – no evidence presented to substantiate allegation – inaccurate FindingsPrinciple 6 – participants' contribution – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 12 May 2002 considered some of the issues facing overseas students living in New Zealand, including the implications on the export education industry for this country. The programme included a claim that a student had been raped while living in a home-stay situation. [2] Robin Powell complained to Radio New Zealand Limited, the broadcaster, that the claim of rape by the student had not been substantiated, and it was therefore irresponsible to have broadcast such a claim....

Decisions
PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
Hashimoto and Television New Zealand Ltd - 2011-012
2011-012

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item reported on ex-All Black who now lived in Japan and his ongoing struggle with depression – reporter stated “Alone in Tokyo, population 35 million, chaotic, frenetic, intense. Perhaps the last place in the world you’d expect to find someone trying to stay balanced after coming through the blackest period of his life” – allegedly inaccurate FindingsStandard 5 (accuracy) – term “chaotic” used to convey reporter’s opinion – not a material point of fact – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One on 24 October 2010, reported on an ex-All Black who now lived in Japan and his ongoing struggle with depression. The reporter travelled to Tokyo to interview him about the imminent publication of his book....

Decisions
Grieve and Television New Zealand Ltd - 2011-120
2011-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme – referred to “pollution”, “polluters” and “carbon” – allegedly inaccurateFindings Standard 5 (accuracy) – item used simplified language to convey scientific concepts to the average viewer – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Introduction[1] An item on One News, broadcast on TV One at 6pm on 10 July 2011, reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme. The item contained the following statements:“Australia is following New Zealand’s lead on reducing pollution by unveiling a new carbon tax scheme. ” (newsreader) “The science is clear. Our planet is warming. That warming is caused by carbon pollution by human activity and we need to cut carbon pollution....

Decisions
Field and Television New Zealand Ltd - 2014-025
2014-025

Summary [This summary does not form part of the decision. ]At the end of a One News weather segment, the weather presenter made reference to ‘bejewelled, corpulent, affluent tourists with big fat wallets’ in relation to a photo of a cruise ship. The Authority did not uphold the complaint that the comment was inaccurate and in poor taste. While derogatory, it did not reach the threshold for threatening current norms of good taste and decency. The comment was an off-the-cuff remark delivered in a light-hearted tone, without invective, and was obviously intended to be humorous. Not Upheld: Good Taste and Decency, Accuracy, Discrimination and DenigrationIntroduction[1] At the end of a One News weather segment, the weather presenter showed an image of a cruise ship anchored in Hawkes Bay, saying: …they’re not disgorging logs; they’re disgorging bejewelled, corpulent, affluent tourists with big fat wallets....

Decisions
Zero Commission NZ Ltd and The Radio Network Ltd - 2014-126
2014-126

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

Decisions
Both and MediaWorks TV Ltd - 2015-068 (1 December 2015)
2015-068

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Decisions
Holubicki and Sky Network Television Ltd - 2016-020 (27 June 2016)
2016-020

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....

Decisions
Crunkhorn and Radio New Zealand Ltd - 2017-098 (16 February 2018)
2017-098

Summary[This summary does not form part of the decision. ]An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease. ’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Durie & Hall and Māori Television Service - 2018-066 (18 February 2019)
2018-066

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

Decisions
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

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