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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on Government’s spending review to assist with the cost of the Christchurch earthquake – showed footage of students helping with the clean-up and stated that “Canterbury students have been out on the streets cleaning up Christchurch, but today they weren’t being thanked, they were being targeted by the Finance Minister” – showed Finance Minister stating that the Government was not “ruling anything in or out” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement that students were being “targeted” amounted to political commentary – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr English is a political figure – item clearly portrayed his position on interest-free student loans – not upheld This headnote does not form part of the decision....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]A One News item reported an accident involving a truck and a motorcycle. On the basis it was frivolous and trivial, the Authority declined to determine the complaint that the item’s use of the word ‘biker’ gave the impression the motorcyclist was a ‘reckless’ gang member and had caused the accident. ‘Biker’ was a colloquial term referring to the driver of a motorbike, and in any case the words ‘biker’ and ‘motorcylist’ were used interchangeably. Decline to Determine: Accuracy, Discrimination and DenigrationIntroduction[1] A One News item which reported on an accident involving a truck and a motorcycle used the term ‘biker’ to refer to the motorcyclist. The item was broadcast on 15 October 2013 on TV ONE....

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item reported that 66 New Zealanders had opted to change their status as Distinguished Companions of the New Zealand Order of Merit and take on the titles “Sir” or “Dame” – included interview with Witi Ihimaera – presenter referred to Mr Ihimaera as being a Companion of the New Zealand Order of Merit – allegedly inaccurate FindingsStandard 5 (accuracy) – the full title of Mr Ihimaera’s honour was not a material point of fact – listeners understood that he could have received the title of “Sir” but had declined to adopt it – not upheld This headnote does not form part of the decision....

The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]Four items on Newshub featured stories related to the United Kingdom and/or the British Royal Family. The Authority did not uphold complaints that the Newshub items and the reporters’ comments were biased, unfair and derogatory towards the United Kingdom and/or members of the British Royal Family. The Authority found that the news reports did not contain any material which discriminated against or denigrated any section of the community, or which could be said to be unfair to members of the British Royal Family. The items also did not discuss a controversial issue of public importance which triggered the requirement for balancing perspectives to be given, and did not raise accuracy or programme information issues....

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

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 has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an interviewee’s reference to ‘the Queen of England’, during an episode of Waka Huia, was inaccurate and discriminatory towards those in the United Kingdom who were not English. The complainant has previously referred a number of complaints about this issue to the Authority, which were either not upheld, with comprehensive reasons given for the Authority’s decision, or which the Authority declined to determine. The complainant’s appeal of a previous decision to the High Court on a similar issue was also dismissed. The Authority therefore declined to determine the complaint under section 11(a) of the Broadcasting Act 1989, on the grounds that it was trivial and vexatious....

The Authority has not upheld a complaint about an item on 1 News in which Darryl Leigh Thomson was described as a co-writer of the song ‘E Tū’. While the Authority agreed it was not accurate to describe Mr Thomson as having co-written the song, it found TVNZ made reasonable efforts to ensure accuracy. Not Upheld: Accuracy...

The Authority has not upheld a complaint under the balance and accuracy standards about a series of Radio New Zealand broadcasts on 26 June 2020. The items concerned the Government’s management of COVID-19 at the international border, and referred to a series of events including the failure to test 55 individuals for COVID-19 before release from quarantine as ‘border blunders’, ‘bungling at the border’, and ‘COVID botch ups’. The Authority considered the statements were not of fact but of opinion, to which the accuracy standard did not apply, and the broadcasts were unlikely to mislead listeners. The Authority considered the assessment of the Government’s management of COVID-19 at the international border to be a controversial issue of public importance, but found alternative viewpoints were included to enable listeners to arrive at an informed opinion. Not Upheld: Balance, Accuracy...

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....