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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 1 News reported on the Government’s response to protests about seismic surveying, or ‘blasting’, in New Zealand waters. The item featured an interview with a representative of Greenpeace, who said that the Government could act now to stop seismic blasting, as the practice was harmful and could ‘interfere with [whales’ and dolphins’] communication and breeding… deafen them… and separate calves from their mothers’. The Authority did not uphold a complaint that this item was inaccurate and unbalanced because it presented Greenpeace’s views as fact....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Votes for Women: What Really Happened? (More or Less) – Sunday Theatre docudrama about New Zealand being the first country to give women the right to vote – allegedly inaccurate Findings Standard 5 (accuracy) – programme was a docudrama which legitimately employed dramatic licence to portray historical events – not a news, current affairs, or factual programme to which the accuracy standard applied – not upheld This headnote does not form part of the decision. Introduction [1] Votes for Women: What Really Happened? (More or Less) was broadcast as part of TV One's Sunday Theatre timeslot on 24 June 2012. It was a docudrama based on historical facts about how women in New Zealand were given the right to vote in 1893....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Harry – fictional crime drama series set in South Auckland in which a detective investigated a spate of robberies – allegedly in breach of standards relating to discrimination and denigration, law and order, good taste and decency, violence, and accuracyFindingsStandard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama (guideline 7a) – programme did not encourage the denigration of, or discrimination against, South Pacific people as a section of the community – not upheld Standard 2 (law and order) – depiction of criminal activity in fictional drama did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld Standard 1 (good taste and decency) – sexual content brief and inexplicit – acceptable in the context of AO-rated programme broadcast at 9....

The Authority has not upheld a complaint several broadcasts on RNZ National concerning missiles that crossed into Poland breached broadcasting standards. The complainant alleged the reports were unbalanced, inaccurate as to the ownership of the missiles and other matters, discriminated against Russo and Slavic people, disturbing as they raised the prospect of nuclear war in which children would be harmed, and unfair to children. The Authority did not uphold the complaint under the balance standard as the broadcaster had presented significant viewpoints on the issue and had made reasonable efforts to ensure accuracy in the context of a developing story. The other standards either did not apply or were not breached. Not Upheld: Balance, Accuracy, Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration, Fairness...

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

The Authority has not upheld two complaints that it was inaccurate for a 1News reporter to state ‘[The International Court of Justice] so far has said it's plausible that genocide is happening on the ground in Gaza’. The complainants alleged the court’s ruling only stated Palestinians had plausible rights to be protected from genocide, rather than finding genocide was plausible. The Authority found the nature of the ICJ ruling represented a statement of fact to which the standard applied, but did not consider the statement was materially misleading taking into account the legal technicalities in the ruling and the subsequent clarification, the continued debate around the ICJ’s ‘plausibility’ test, and the context of the item. Not Upheld: Accuracy...

The Authority has declined to determine a complaint under various standards about an answer during the DUKE Quiz which, in identifying an astronaut who ‘did not set foot on the moon’, stated ‘but then, did anyone really land on the moon? ’. The Authority considered the complaint was trivial and did not warrant determination. Declined to Determine (section 11(a) of the Broadcasting Act 1989 – trivial): Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Accuracy...

The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines, and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or to determine her personal view on the topic....

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

The Authority has not upheld a complaint that comments made by Dr Michael Baker and Hon Chris Hipkins during interviews on The AM Show were inaccurate and misleading. When asked (in separate interviews) whether there had been any severe adverse reactions to the COVID-19 Pfizer vaccination recorded in New Zealand, Dr Baker stated he was not aware of any, while Mr Hipkins stated there had been ‘a handful of people’ and ‘a few’ that had experienced side effects in general. At the time of the broadcasts, there were 180 serious adverse reactions that had been reported, 0. 02% of the total doses administered. The Authority found that Dr Baker’s statements were comment, analysis or opinion to which the accuracy standard does not apply....

The Authority has not upheld a complaint a Mediawatch broadcast breached various standards by allegedly ‘demonising’ New Zealanders who have concerns about COVID-19 vaccine safety. The Authority found the broadcast was accurate in reporting on COVID-19 related events, and did not treat Liz Gunn, a prominent figure known for her vaccine hesitant perspectives, or other persons referred to unfairly. The discrimination and denigration, and balance standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration, Balance...

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 64/95 Decision No: 65/95 Dated the 20th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MEGAVITAMIN LABORATORIES NEW ZEALAND LIMITED and DR WARREN STEWART of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R A Barraclough Co-opted member...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 150/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J M STEVENSON of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-82 Decision No: 1996-83 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by HEALTHLINK SOUTH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint that two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

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...