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Decisions
Kean and Radio New Zealand Ltd - 2020-097 (9 December 2020)
2020-097

The Authority did not uphold a complaint regarding a comment made by radio panellist Catherine Robertson about ‘murderous fantasies’, concerning punishment of an individual who escaped COVID-19 managed isolation. It was a satirical comment intended to be humorous and in line with audience expectations for the programme. The Authority noted satire and humour are important aspects of freedom of expression. It found limiting the broadcaster’s right to freedom of expression on this occasion was not justified. Not Upheld: Violence, Law and Order, Balance...

Decisions
Hamilton and Radio New Zealand Ltd - 2022-034 (21 June 2022)
2022-034

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...

Decisions
James and Radio New Zealand Ltd - 2004-022
2004-022

ComplaintMorning Report – item about benefits of replacing sugar with artificial sugar – public health researcher referred to sugar and butter as “natural poisons” – implied butter more harmful than margarine – stated New Zealanders’ shift to margarine had had substantial effect on heart disease rates – item allegedly unbalanced and inaccurate – butter not a poison – studies link margarine with increased risk of death/disability Findings Principle 4 – item not about butter – no requirement for balance – Principle 4 not applicable Principle 6 – not Authority’s role to decide whether butter is more or less harmful than margarine – decline to determine; “natural poison” the expression of opinion – not upheldThis headnote does not form part of the decision Summary [1] Senior public health researcher Professor Rod Jackson was interviewed on Morning Report on National Radio on 24 October 2003 in relation to his call for hospitals and schools to replace…...

Decisions
McLean and Radio New Zealand Ltd - 2009-064
2009-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – live telephone interview with Napier resident watching police trying to deal with an armed man barricaded inside a house and who had been shooting at police – host questioned resident about what he could see and hear and what the police were doing – allegedly in breach of law and order standard Findings Standard 2 (law and order) – information provided by interviewee would not have assisted the armed man – no evidence that the information disclosed affected the maintenance of law and order – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Checkpoint, broadcast on Radio New Zealand National at 5....

Decisions
One New Zealand Foundation Inc and Radio New Zealand Ltd - 1995-002
1995-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ONE NEW ZEALAND FOUNDATION INC Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Rickard and Radio New Zealand Ltd - 2009-084
2009-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Leyland and Radio New Zealand Ltd - 2014-157
2014-157

*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. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

Decisions
Johnson and Radio New Zealand Ltd - 2018-003 (28 March 2018)
2018-003

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview between presenter Kim Hill and a seismologist from GNS Science, following a 4. 3-magnitude earthquake the previous night. At the beginning of the interview, during a discussion of the seismologist’s initial reaction to the earthquake, Ms Hill said, ‘WTF’. The Authority did not uphold a complaint that the use of the term ‘WTF’ in this broadcast was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of RNZ and Kim Hill, and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘WTF’ did not threaten community norms of taste and decency, or justify restricting the right to freedom of expression....

Decisions
Golden and Radio New Zealand Ltd - 2018-021 (8 May 2018)
2018-021

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....

Decisions
Lindsay and Radio New Zealand Ltd - 2022-003 (11 April 2022)
2022-003

The Authority declined to determine a complaint about an interview with National Party MP and Leader of the Opposition Christopher Luxon. The complaint alleged the interview was disrespectful and biased, with the interviewer interrupting and expressing their own political views. The Authority has consistently not upheld complaints of a similar nature, and this complaint did not raise any specific issues which would distinguish it from the previous findings on the same issue. Decline to determine: Good Taste and Decency, Fairness, Balance (section 11(b) of the Broadcasting Act 1989)...

Decisions
Beaumont Bell and Radio New Zealand Ltd - 2021-050 (15 September 2021)
2021-050

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard. ’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.   Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Kāinga Ora and Radio New Zealand Ltd - 2023-007 (7 June 2023)
2023-007

The Authority has not upheld a complaint about an item on Morning Report and a summary bulletin that discussed complaints about Kāinga Ora tenants forcing people to leave their homes. Kāinga Ora complained it was not given an opportunity to comment on one of two situations discussed during the broadcast, which led to the item being unbalanced, and was unfair to the agency. Noting the issue, and numerous similar cases, had been discussed over a number of months in RNZ reporting, the Authority found it was not required in the interests of either balance or fairness for Kāinga Ora to be given a specific opportunity to comment in relation to that particular case. In any event, the Housing Minister’s response, which referred to Kāinga Ora treating complaints seriously and its updated processes for dealing with complaints, was adequate to address the issues raised. Not Upheld: Balance, Fairness...

Decisions
Cochran and Radio New Zealand Ltd - 2017-032 (24 July 2017)
2017-032

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on the final stages of a court case in Auckland, known as the ‘Dome Valley’ kidnapping, in which a young woman was kidnapped, beaten, sexually violated and left to die by a group of her former friends. The reporter outlined the events of the kidnapping and the item featured segments of the victim giving evidence (with her voice disguised) via audio-visual link from another room in the closed court. The reporter and the victim outlined her assault and injuries in some detail. No audience advisory was broadcast....

Decisions
McCready and Radio New Zealand Ltd - 2017-105 (9 March 2018)
2017-105

Summary[This summary does not form part of the decision. ]An item broadcast during RNZ News reported on cycling campaigner Peter Walker’s new book, following an interview between RNZ and Mr Walker earlier that day. The item reported that helmets ‘do little to improve safety’ and are ‘stopping people from taking up cycling’. The Authority did not uphold a complaint that the omission of any reference to Mr Walker’s position on mandatory helmet legislation was misleading as Mr Walker is not ‘against helmets’ but rather against mandatory helmet laws. The Authority found that, while the short news item truncated a sophisticated topic and did not refer to Mr Walker’s views on mandatory helmet legislation, the ideas communicated in the news item were not materially different to the key themes communicated by Mr Walker during his earlier interview broadcast on RNZ....

Decisions
Rama and Radio New Zealand Ltd - 2019-007 (7 May 2019)
2019-007

The Authority has not upheld a complaint that the use of the term ‘booted out’, in reference to the Speaker of the House, Hon Trevor Mallard, ejecting the Leader of the Opposition, Hon Simon Bridges, from the House, was inaccurate. The Authority found there was no reason to suggest the broadcaster did not make reasonable efforts to ensure the accuracy of the broadcasts complained about. The Authority found that the use of terms such as ‘booted out’ and ‘kicked out’, in reference to Members of Parliament who have been ordered by the Speaker of the House to leave the House, is common in New Zealand and therefore its use was unlikely to mislead or misinform listeners. Not Upheld: Accuracy...

Decisions
Coffey and Radio New Zealand Ltd - 2014-152
2014-152

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Decisions
Jensen and Radio New Zealand Ltd - 1992-013
1992-013

Download a PDF of Decision No. 1992-013:Jensen and Radio New Zealand Ltd - 1992-013 PDF279. 29 KB...

Decisions
Golden and Radio New Zealand Ltd - 2018-083 (18 February 2019)
2018-083

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about a comment made by business commentator, Rod Oram, during a segment on Nine to Noon. The Authority found that Mr Oram’s view as to the effectiveness of a former Chair of a seed business was an opinion that is not subject to the accuracy standard. Not Upheld: Accuracy The item[1] A segment on Nine to Noon featured business commentator Rod Oram discussing the sale of a seed business. During the discussion Mr Oram said one of the former Chairs had been ‘highly effective’ in their previous roles. [2] The item was broadcast on 7 August 2018 on RNZ National. The complaint[3] Allan Golden complained that Mr Oram’s statement about the effectiveness of the former Chair was ‘not true’ as Mr Golden believed they had not been ‘highly effective’....

Decisions
Wood and Radio New Zealand Ltd - 2019-036 (17 September 2019)
2019-036

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

Decisions
Bidwell and Radio New Zealand Ltd - 2020-003 (27 May 2020)
2020-003

The Authority has not upheld a complaint that an interview with ACT Party leader David Seymour, on the day of the final reading in Parliament of the End of Life Choice Bill, was unbalanced. The complainant submitted that Mr Seymour was given free licence to give his views from his perspective as the sponsor and a strong advocate of the Bill, and it was important that either someone with opposing views was also given an opportunity, or that the interviewer critically questioned him, given the item’s proximity to the final reading of the Bill. The Authority accepted that issues surrounding the Bill and the euthanasia debate more broadly amounted to a controversial issue of public importance that triggered the requirements of the balance standard....

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