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The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

The Authority has declined to determine a complaint about a political commentator’s use of the phrase ‘not piss … them off too much’ when discussing Coalition Government tensions. The complainant argued the phrase was offensive. In light of the Authority’s Complaints that are unlikely to succeed guidance and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine this complaint.   Declined to Determine (section 11(b), Broadcasting Act 1989 — in all the circumstances, the complaint should not be determined):  Offensive and Disturbing Content...

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

Complaint Mana News – call for voters to vote for one mayoral candidate – unbalanced – encouraged discrimination against non-Maori – broadcaster upheld Principle 4 balance aspect – procedures revised to ensure longer period to vet Mana material Findings(1) Principle 7 – Guideline 7a – does not meet high threshold required for discrimination – no uphold - Guideline 7f – call to support candidate with understanding of Maori issues – not an advertisement for a specific candidate – no uphold (2) Action taken – appropriate in context of breach This headnote does not form part of the decision. Summary [1] Two interviewees in an item on Mana News encouraged Maori voters to vote for a named candidate in the Auckland mayoral election. The item was broadcast on National Radio at 5. 55pm on 27 September 2001....

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory application for disclosure of additional material – broadcast of allegations by an anonymous interviewee on Nine to NoonDecision on interlocutory applicationRequest for production of field tape – already offered by broadcaster – decline to determineRequest for disclosure of interviewee’s name – not required in order for Authority to determine complaints – declinedRequest for production of all relevant pre-broadcast records and documents, and emails received after the broadcast – not required in order for Authority to determine complaints – declinedThis headnote does not form part of the decision. Factual Background[1] On 12 May 2005, under the protection of parliamentary privilege, National and Act Members of Parliament accused then Associate Minister of Education, the Hon David Benson-Pope, of bullying students while he was teaching at Dunedin’s Bayfield High School in the 1980s. [2] Mr Benson-Pope categorically denied the allegations....

ComplaintInsight – item on issues facing foreign students in New Zealand – allegation of rape by student in home-stay situation – no evidence presented to substantiate allegation – inaccurate FindingsPrinciple 6 – participants' contribution – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 12 May 2002 considered some of the issues facing overseas students living in New Zealand, including the implications on the export education industry for this country. The programme included a claim that a student had been raped while living in a home-stay situation. [2] Robin Powell complained to Radio New Zealand Limited, the broadcaster, that the claim of rape by the student had not been substantiated, and it was therefore irresponsible to have broadcast such a claim....

Summary [This summary does not form part of the decision. ] An item on Morning Report reported on a New Zealand Defence Force exercise in Hawkes Bay which involved visiting local schools. The Authority did not uphold the complaint that the item was unbalanced and in the nature of ‘propaganda’. This was a brief news report about the army exercise and the school visits, and the fact it reflected positively on the NZDF did not automatically trigger the requirement to present alternative viewpoints. Not Upheld: Controversial Issues Introduction [1] An item on Morning Report reported on a New Zealand Defence Force (NZDF) exercise and was introduced as follows: War has broken out in Hawkes Bay, but the bullets being fired are blanks. Several hundred defence force personnel are conducting war games in different parts of the region as part of an intentional training exercise....

The Authority has not upheld a complaint that a host’s comment during Nights, regarding the likelihood of the manned moon landings being fake, was inaccurate. The comment occurred during a talkback segment of the programme, with the host providing his response to an email received from the complainant. In this context, the statement by the host was not a material point of fact but a statement of comment or opinion, to which the requirements of the accuracy standard do not apply. Not Upheld: Accuracy  ...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 46/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHOLIC DIOCESE OF AUCKLAND Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

An episode of The Panel included an interview with a professor from the department of preventive and social medicine, whose focus is respiratory epidemiology, about his research on the effects of smoking cannabis on the lungs. The Authority did not uphold a complaint that the interview breached the accuracy and balance standards. The Authority did not consider the accuracy standard applied as the interview was a short conversation about the findings of the study where the interviewee was clearly giving his own perspective and analysis, having conducted his own research on the topic. The Authority accepted that the wider debate about cannabis legalisation is a controversial issue of public importance, of which the interview was narrowly focussed on one aspect (the alleged health effects)....

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

The Authority did not uphold a complaint about four items on Morning Report covering an open letter to Government calling for ‘a major overhaul of the drug laws’. The Authority found the items did not breach the balance standard, as, while they discussed a controversial issue of public importance to which the balance standard applied, a reasonable range of perspectives were included, particularly given they were reporting on the publication of the open letter. In the context of items covering a challenge to the status quo, and when debate around drug reform is an ongoing issue in New Zealand, it was unlikely that listeners would have been left uninformed or unaware there were other perspectives on this issue. Not Upheld: Balance...

The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....

ComplaintNine to Noon – listeners’ comments broadcast about Hormone Replacement Therapy – some suggested soy products as an alternative to HRT – unbalanced FindingsPrinciple 4 – observation in passing about range of views made known to the broadcaster did not support the use of soy – no uphold CommentComplainant need not have heard/viewed programme complained about before making complaint – complaint must comply with s. 6 of the Broadcasting Act – broadcaster must have process in place to deal with formal complaints This headnote does not form part of the decision. Summary [1] Hormone Replacement Therapy (HRT) was one of the matters discussed on Nine to Noon, presented by Linda Clark and broadcast on National Radio between 9. 00am and noon on 17 July 2002....

The Authority has not upheld a complaint about an RNZ news bulletin. The item briefly reported on the BBC’s apology concerning a live broadcast of music group Bob Vylan chanting ‘death, death to the IDF’, saying the apology described the chants as ‘antisemitic’. The complainant said the use of ‘antisemitic’ to describe the chants was unbalanced, inaccurate and unfair. Noting the statement was clearly attributed to the BBC and the context behind its statement was available to the audience, the Authority found the audience had the information needed to draw their own inferences and conclusions and would not be misled. The balance and fairness standards did not apply or were not breached.    Not Upheld: Balance, Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-167 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintCheckpoint – Waitara shooting – police officer not named – unbalanced interview with his lawyer – interviewer partial FindingsPrinciple 4 – a number of viewpoints heard – not partial – balance achieved over time – no uphold This headnote does not form part of the decision. Summary The lawyer for the police officer who shot and killed a man in Waitara was one of those interviewed in an item on the shooting broadcast on Checkpoint on National Radio on 16 August 2000 between 5. 00–6. 00pm. She explained some of the background to the shooting and defended the request that the officer not be named by the media. Simon Boyce complained to Radio New Zealand Ltd, the broadcaster, that the item was unbalanced and that it was "extraordinary" that the lawyer was interviewed and given an opportunity to defend the police officer....