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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-105 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND MINERALS INDUSTRY ASSOCIATION Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

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 participants – no misleading statements – not upheld 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 16 September 2008 episode, broadcast at 7. 30pm on TV3, featured a couple named James and Jo. The team consisted of "Downsize Me!...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

ComplaintOne News – item on Israeli attacks in Gaza – unbalanced and inaccurate FindingsStandard 4 – balance achieved both in coverage on day and following days’ news coverage – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] Two Israeli attacks in Gaza were the focus of an item about the Israeli-Palestinian conflict broadcast on One News on TV One at 6. 00pm on 11 June 2003. It reported that both attacks missed their targets, but had killed five and injured a number of Palestinians. The deaths, it was said, could set off another round of "tit for tat" killings. [2] Deborah Hart complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and inaccurate as it gave only the Palestinian perspective and suggested that the attacks had happened without provocation....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Media 7 – included interview with investigative journalist and foreign correspondent – made comments that were critical of a reporter and her story which was broadcast on Australian current affairs show Dateline – allegedly in breach of standards relating to fairness and accuracy FindingsStandard 6 (fairness) – Media 7 is a programme with very high value in terms of freedom of expression – the ability to analyse, review and critique media is essential to the functioning of a healthy democracy – the Dateline item was ambiguous in terms of its presentation of eye witnesses – the important principle of freedom of speech that public officials are open to criticism in their professional capacity applies equally to journalists, particularly as they are familiar with how media operate – criticisms overall were aimed at Ms Hakim in her professional, as opposed to personal, capacity –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on damage caused by Christchurch earthquake – showed footage of poultry shed – news reader stated “And this is a destroyed battery hen farm, home to 26,000 chickens. Animal rights activists say that up to a third of them were trapped and suffocating” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement a material point of fact – said that chickens were “suffocating” not that they had “suffocated” – not upheld Standard 6 (fairness) – complainant and farm not identified – item did not reflect badly on complainant – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 September 2010, reported on the large scale damage caused by the Christchurch earthquake....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking made comments about the most recent report of the IPCC. The Authority did not uphold four complaints that his comments were misleading and irresponsible. The comments were clearly Mr Hosking’s opinion, and the right to freedom of speech explicitly protects expressions of opinion even if they are unpopular or incorrect. Mr Hosking is well known for this type of monologue where he offers his opinion on any number of issues, sometimes in a provocative manner....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – introducing an item about events on Waitangi Day, the presenter referred to the Treaty of Waitangi as “the nation’s founding document” – description of Treaty allegedly inaccurateFindingsStandard 5 (accuracy) – reporter’s description of the Treaty as “the nation’s founding document” was not a material statement of fact to which the accuracy standard applied – description would not have misled viewers about the status of the Treaty – item not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] A One News item broadcast on Waitangi Day, 6 February 2013, covered the Prime Minister’s visit to, and reception at, Waitangi that day....

Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

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....

The Authority declined to determine three complaints as they did not raise clear concerns capable of being addressed by the complaints process. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading. Not Upheld: Accuracy...

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...