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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...

Following an interview with a COVID-19 vaccine advocate on the AM Show, the host noted Medsafe gave the vaccine the ‘same approval as everyday medicines like Panadol and Nurofen’. The complaint stated this was misleading and in breach of five standards, including the accuracy standard. The Authority did not uphold the complaint as the accuracy standard is concerned with material inaccuracy. To the extent there was any inaccuracy, it was unlikely to significantly affect the audience’s understanding of the programme. The Authority considered the other standards raised either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Programme Information, Balance, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Complaint Flipside – item looking into cheating at Universities – comment that Asian learning cultures rewarded copying while punished in New Zealand – inaccurate – denigrated Asian culture Findings Standard 5 – comments a mixture of facts and opinion – no inaccurate facts Standard 6 – genuine opinion – not unfair This headnote does not form part of the decision. Summary [1] Cheating among students at universities was considered in a segment of Flipside broadcast on TV2 at 6. 30pm on Tuesday 1 October 2002. Dr David Brook, Deputy Vice Chancellor at the Auckland University of Technology, was one of the people interviewed. [2] Daphne Wong complained to Television New Zealand Ltd, the broadcaster, that Dr Brook’s comment that copying was rewarded in Asian cultures but punished in New Zealand, was untrue and denigrated an entire culture....

ComplaintOne News – inaccurate to state that Maori have a direct genealogical link with flora and faunaFindingsStandard G1 – clearly identified as a belief – no uphold This headnote does not form part of the decision. Summary The Maori perspective on the genetic engineering debate featured in an item broadcast on One News on 18 September 2000. It was explained that Maori opposition to genetic engineering was based on traditional beliefs, including that Maori were descended from flora and fauna. Mr R D Hutchins complained to Television New Zealand Ltd, the broadcaster, that it was "astoundingly untrue" to suggest that human beings were descended from plants and the various insect, reptile, bird and rat species of New Zealand. TVNZ emphasised that the statement had a cultural context and, within that cultural dimension, the statement to which Mr Hutchins took exception had not breached standard G1....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

The Authority has upheld a complaint that two episodes of The Box Seat breached the accuracy and balance standards of the Pay TV Code of Broadcasting Standards. The Authority found that the segments about blood spinning in harness racing covered a controversial issue of public importance but failed to include balancing views on the issue being discussed or indicate that the programmes were presented from a specific perspective. The Authority also found that, although the broadcasts did not contain any specific factual inaccuracies, the omission of alternative perspectives and information on the safety and propriety of blood spinning meant that the broadcast was misleading as a whole. The Authority did not uphold the complaint under the fairness standard. The Authority considered the publication of this decision sufficient to censure the breach of standards by the broadcaster and made no orders. Upheld: Balance, Accuracy. Not upheld: Fairness. No orders...

The Authority has not upheld a complaint that a segment on Newshub regarding the Invercargill Licensing Trust Group (ILT) was inaccurate. The item reported on the ILT’s history, purpose and its funding of community projects and ventures. The Authority found that the segment was unlikely to significantly misinform or mislead viewers regarding the ILT. The Authority also found that none of the issues raised by the complainant amounted to a material inaccuracy for the purposes of the accuracy standard. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]A segment on Morning Report discussed one Auckland individual’s challenge to Auckland Council to open a discussion about removing or altering a monument to Colonel Marmaduke Nixon in Ōtāhuhu. The item briefly summarised Colonel Nixon’s role in colonialism and in the Waikato land wars, including the invasion of Rangiaowhia. The Authority did not uphold a complaint that the item lacked balance and was inaccurate in its account of the events at Rangiaowhia. The Authority found the item did not purport to provide a comprehensive examination of what occurred at Rangiaowhia. Rather, the item focused on one individual’s challenge to the Council to consider removing or altering the monument. In this context, it was not required in the interests of either balance or accuracy to present alternative accounts of the historical events....

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

The Authority did not uphold a complaint that an item on Morning Report discussing the possible boycott of the Tuia – Encounters 250 commemorations was unbalanced, inaccurate and unfair. The Authority found the item was balanced through the presentation of alternative perspectives and the existence of significant media coverage within the period of current interest. The Authority also found the broadcast did not contain any material inaccuracy with respect to Captain Cook’s first arrival in New Zealand. Finally, the Authority found the fairness standard did not apply as the complainant did not identify any person or organisation who took part in or was referred to in the broadcast who was treated unfairly. Not Upheld: Accuracy, Balance, Fairness...

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....