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Decisions
Povey and Television New Zealand Ltd - 2020-173 (25 May 2021)
2020-173

The Authority has not upheld a complaint that various 1 News items referring to Joe Biden as the ‘president-elect’ before confirmation by the United States Electoral College breached the balance, accuracy and fairness standards. The Authority found this was a technical distinction that would not have altered viewers’ overall understanding of the items, therefore it was not a ‘material’ point of fact for the purposes of the accuracy standard. To the extent the items touched on the outcome of the United States election, which in some circumstances may amount to a controversial issue of public importance triggering the balance standard, the Authority was satisfied the standard was not breached taking into account the perspectives acknowledged within the items as well as in a wide range of other coverage both by TVNZ and media generally....

Decisions
Allison and Television New Zealand Ltd - 2022-049 (23 August 2022)
2022-049

The Authority has not upheld a complaint about an item on Q + A with Jack Tame that discussed a recent climate change report and recent high temperatures in the Antarctic region. The item included interviews with experts, one of whom described the high temperatures in Antarctica as an ‘extreme event that we've seen in the background of climate change’ and that we should expect more such events ‘as the world is warming’. The complainant alleged the broadcast misled viewers as extreme weather events are not becoming more frequent, the higher temperatures in Antarctica were inaccurate, humans do not cause climate change and no detrimental changes have been observed. The Authority found the broadcaster made reasonable efforts to ensure accuracy, including relying on authoritative experts, and the broadcast was unlikely to mislead viewers....

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
Hickson and Television New Zealand Ltd - 2023-044 (20 November 2023)
2023-044

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression. Upheld by Majority: Accuracy, Not Upheld: Balance No Order...

Decisions
Waisbrod and Television New Zealand Ltd - 2024-012 (22 April 2024)
2024-012

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

Decisions
Vincent & Smith and Television New Zealand Ltd - 2024-043 (14 October 2024)
2024-043

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...

Decisions
Richard-Howes and Wilson and Television New Zealand Ltd - 2011-019
2011-019

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Caddie and Radio New Zealand Ltd - 2011-172
2011-172

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...

Decisions
Coney and Television New Zealand Ltd - 2022-066 (7 December 2022)
2022-066

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

Decisions
Chilton & New Zealand Greyhound Racing Association Inc and Discovery NZ Ltd - 2022-134 (7 March 2023)
2022-134

The Authority has not upheld complaints a segment on AM interviewing the SPCA’s Science Officer, Dr Alison Vaughan, breached the balance, accuracy and fairness standards. Dr Vaughan discussed the organisation’s desire to end commercial greyhound racing in New Zealand and invited viewers to contact the Minister of Racing to support that cause. The complainants considered the segment presented only one perspective on the issue and did not attempt to balance it with other perspectives. The Authority found the segment was clearly introduced as presenting a particular perspective, and other perspectives would have been known to viewers given the issue had long-standing interest in NZ. The segment was also materially accurate, or otherwise reflecting Dr Vaughan’s analysis, comment or opinion, to which the accuracy standard does not apply. The fairness standard did not apply as no organisation was referred to in the broadcast. Not Upheld: Balance, Accuracy, Fairness...

Decisions
McArthur and Radio New Zealand Ltd - 2023-004 (16 May 2023)
2023-004

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...

Decisions
Prowse and Radio New Zealand Ltd - 2022-098 (22 November 2022)
2022-098

The Authority did not uphold a complaint regarding an episode of The Detail which investigated the New Zealand Film Commission’s management of a conflict of interest relating to its CEO at the time. The complainant considered the broadcast breached the balance and accuracy standards by not discussing the ‘significance of NZ On Air’s’ role in this matter. The Authority considered the complaint largely constituted a matter of personal preference, which is not capable of being resolved by a complaints procedure. Further, the proposed detail was additional to, rather than inconsistent with, any perspective presented in the broadcast so its absence was unlikely to misinform listeners. Not Upheld: Balance, Accuracy...

Decisions
Holswich and Discovery NZ Limited - 2020-113 (21 December 2020)
2020-113

The Authority has not upheld a complaint about a segment on Newshub which stated, ‘The White House has reportedly asked about adding President Trump's face to the famous granite carvings at the Mount Rushmore National Memorial’. The complainant submitted the news was fake and Mr Trump had already confirmed this before the broadcast. The Authority noted the statement was qualified by the word ‘reportedly’, and was accurate to the extent such reports had been made. While the segment carried little value in terms of public interest, the Authority found viewers were unlikely to have been misled. Not Upheld: Accuracy...

Decisions
Oxley and Television New Zealand Ltd - 2023-051 (18 October 2023)
2023-051

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

Decisions
Harris and Sky Network Television Ltd - 2023-053 (30 August 2023)
2023-053

The Authority has not upheld two complaints about Prime News’ coverage of King Charles’ coronation on 1 and 2 May 2023. The complainant alleged the first broadcast was unbalanced as it only included interviews with people who were opposed to the idea of the public being asked to participate in a pledge of allegiance to the King. They further considered the second broadcast was inaccurate as the reporter did not back up their introductory statement ‘Love him or loathe him, in London right now, you can't escape him’ with evidence that people did loathe King Charles, and described a souvenir of the King ‘as a clown’....

Decisions
Aldridge and Television New Zealand Ltd - 2023-106 (16 January 2024)
2023-106

The Authority has not upheld a complaint under the accuracy standard about a 1News item reporting on the 7 October 2023 Hamas attack on Israel. The complaint alleged the reporter’s statement in the item, ‘No time to escape’, referring to Israel’s airstrikes in Gaza, was inaccurate because the Israeli Prime Minister had ‘warned the people of Gaza to get out fast’. Noting the wide range of information and perspectives covered in the eight-minute segment, the Authority found the comment complained about did not result in the item being materially inaccurate or misleading, or cause harm that outweighed the public interest or the broadcaster’s right to freedom of expression. Not Upheld: Accuracy...

Decisions
Kirkland and Sky Television Network Ltd - 2023-095 (31 January 2024)
2023-095

The Authority1 has not upheld a complaint an item on Prime News, reporting on reactions to comments made by ACT Party Leader David Seymour on the Ministry for Pacific Peoples, as well as an incident where two men went to the Ministry and filmed staff while asking about expenditure, breached the accuracy standard. The complainant considered the broadcast breached the standard as it gave the misleading impression that two men had threatened staff at the Ministry as a result of Seymour’s statements, and it was inaccurate to suggest the men ‘threatened’ staff when ‘they only filmed staff while asking about spending’. The Authority agreed the broadcast’s introduction could have given the impression the two men went to the Ministry as a direct result of Seymour’s comments (when this occurred prior)....

Decisions
Gibson and Television New Zealand Ltd - 2019-117 (7 May 2020)
2019-117

In a 1 News report on the ruling of the UK Supreme Court that Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks was unlawful, a statement was made in the introduction of the item that Boris Johnson had ‘lied to the Queen’. TVNZ upheld the complaint that the statement was inaccurate, apologised to the complainant and held discussions with the news team to ensure that systems were put in place to reduce the risk of inaccurate reporting. The Authority did not uphold a complaint that the action taken by TVNZ was insufficient, finding that the action was appropriate and proportionate to the breach identified. Not Upheld: Accuracy (Action Taken)...

Decisions
Healthlink South and TV3 Network Services Ltd - 1996-082, 1996-083
1996-082–083

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...

Decisions
Nichols and Television New Zealand Ltd - 1998-047
1998-047

Summary An episode of The Way We Were, dealing with New Zealand’s involvement in overseas conflicts, was shown on TV One on 13 January 1998, beginning at 8. 00 pm. Part of the narration included the words, "the Brits let us down", in an aspect referring to the fall of Singapore and Japan’s expansion into the Pacific during World War II. Mr Nichols complained to Television New Zealand Limited, the broadcaster, that the statement, which he had heard as "let down by the Brits in 1941", was factually untrue and inaccurate, and a gratuitous insult to a friendly country. In declining to uphold the complaint, TVNZ claimed some historical justification for the statement....

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