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The Authority has not upheld two complaints that it was inaccurate and/or unbalanced for an item on 1News to describe land in central Auckland as being ‘gifted’ by Ngāti Whātua to the Crown in 1840. The Authority found it was not materially inaccurate to describe the land in this way in the context of an item focused on Ngāti Whātua’s call to change Auckland Anniversary Day. Further, any harm caused by not including a detailed explanation of the land transfer did not outweigh the broadcaster’s right to freedom of expression. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint about a Morning Report interview with Te Pāti Māori co-leader Debbie Ngarewa-Packer concerning the Israel/Gaza war. The complaint alleged the interview was unbalanced because no alternative perspective was presented to counter Ngarewa-Packer’s comments that Israel’s actions in Palestine amounted to genocide and apartheid, among other things, and that those statements were also inaccurate. The Authority acknowledged people may not agree with the terms used by Ngarewa-Packer during the interview and some would find them inflammatory, but ultimately found restricting the broadcaster’s and Ngarewa-Packer’s right to freedom of expression would be unjustified....

The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

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...

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint alleging an item on Midday Report lacked balance. The item reported on findings from the Chief Ombudsman regarding ‘undignified and barren’ conditions in two prisons. It was clear the item was coming from a particular perspective. The continuing media coverage of prison conditions means the period of current interest is ongoing, and audiences would not have been misinformed by the broadcast. Not Upheld: Balance...

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

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....

A complaint that segments on Morning Report which discussed the abortion legislative reform process were unbalanced was not upheld. First, the Authority found the complaint amounted to a ‘formal complaint’ for the purposes of the Broadcasting Act 1989. However the Authority found the items did not breach the balance standard as they clearly approached the topic of abortion legislative reform from a particular perspective and that listeners could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Balance...

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

Summary[This summary does not form part of the decision. ] A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint about an interview on Newshub Nation, featuring electrical engineer and Pike River Mine researcher, Richard Healey. Mr Healey commented on his claims of ‘new crucial evidence’ the miners could have survived the explosions and of the existence of a pipeline which could be used to recover more evidence. The complaint alleged Mr Healey’s claims were speculative and unsupported by evidence, were not challenged by the host and caused emotional harm to the victims’ families. The Authority acknowledged the sensitivity of the matters discussed, which also carried a high degree of public interest. It found the broadcast clearly presented Mr Healey’s claims as one theory and from a particular perspective. The wide range of information and coverage available over a long period of time since the original events reduced any risk of viewers being misled or significantly misinformed....

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...

An item on 1 News reported on Posie Parker entering Aotearoa New Zealand for speaking events, and explored the opposition she would face from transgender rights supporters. The Authority did not uphold a complaint the item was biased and unbalanced. While the broadcast did discuss a controversial issue of public importance for the purpose of the balance standard, the item clearly signalled it was approaching the issue from the perspective of transgender communities intending to attend the counter‑protest, sufficiently signalled the major perspectives on the issue, and the audience could reasonably be expected to be aware of alternative perspectives in any case. Not Upheld: Balance...

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...