Search Rapua

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item discussed “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – item did not state as fact or imply that there was a link between the car contract and the donation – item fairly presented views of the Prime Minister and the dealership involved – high level of public interest in reporting allegations made in Parliament – not inaccurate or misleading – 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 11 May 2011, was introduced by teasers which stated, “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY BARCLAY of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item examined attitudes of “boy racers” in Christchurch and the efforts by police to curb their activities – allegedly inaccurate FindingsStandard 5 (accuracy) – item focused on the “boy racers” and their attitudes – did not purport to examine the issue from residents’ perspective – clear from the item that “boy racer” activities were noisy and disruptive – also stated that police were outnumbered and struggling to contain the problem – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 31 May 2009 reported on the ongoing problem of “boy racers” in Christchurch and efforts by police to curb their activities....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about arming police officers referred to police “force” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – complainant received adequate response from the broadcaster – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 5 April 2011, reported on the issue of whether police officers should carry guns. The item contained two references by the reporter to the police “force”. The reporter said, “The most explosive issue facing our force: should every cop have a gun on their hip? ” and that the new Police Commissioner would “like to see more women in the police force”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...