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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-048 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

The Authority has declined to determine a complaint, under the accuracy standard, about an episode of Our Changing World. The Authority considered the complaint, about the use of the word ‘English’ instead of ‘British’ trivial. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview about housing market in Auckland – interviewer commented, “with section prices actually falling in some of the city’s outlying areas” – allegedly inaccurate FindingsStandard 5 (accuracy) – host’s brief comment in the introduction was not a material point of fact in the context of the interview – comment would not have materially altered listeners’ understanding of the issues discussed – not upheld This headnote does not form part of the decision. Introduction [1] During Nine to Noon, the host interviewed the chair of the Productivity Commission about the Commission’s recent report on housing affordability, provided to the Government in March 2012. The host introduced the interview as follows: Our next guest is here to talk about Auckland property prices going balmy. . ....

The Authority has not upheld a complaint that replacement programming broadcast on RNZ National instead of Children’s Storytime breached the children’s interests standard. On 17 March 2019, shortly after the 15 March 2019 attacks on two mosques in Christchurch, instead of the usual Children’s Storytime, RNZ played excerpts from the podcast Public Enemy, a four-part series from 2016/17 looking at growing up Muslim in the post September 11 world. The Authority found that while the replacement broadcast contained material that could be disturbing for children, and while there was a greater chance of children tuning in due to the usually scheduled programming at that time, the broadcaster took steps to adequately inform listeners of the nature of the programme. This would have enabled caregivers to decide whether the content was suitable for children in their care....

The Authority did not uphold a complaint about comments made separately by two RNZ commentators to the effect that the UK Labour Party Leader Jeremy Corbyn has ‘terrorist connections’. The complainant submitted the comments breached the balance and accuracy standards, on the basis it was wrong and offensive to suggest Mr Corbyn is a Marxist and supports terrorism, and Nine to Noon refuses to interview anyone sympathetic towards the UK Labour Party. The Authority found the comments were clearly distinguishable as comment, analysis and opinion, rather than statements of fact to which the accuracy standard applied. The Authority also found the items, in which the commentators gave their analysis of the likely and eventual outcome of the British election, did not amount to discussions of a controversial issue of public importance in New Zealand. Not Upheld: Accuracy, Balance...

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a British comedy writer and producer. Following a discussion about causing offence to audiences, the interviewee recalled his time as a radio host and a complaint he received from the Bishop of Oxford about a crucifixion joke. He could not remember the joke, and the presenter invited listeners to ‘. . . send in a series of very funny jokes about the crucifixion to see if we can approximate it’. The Authority did not uphold a complaint that the presenter’s remark was against common decency and offensive to Christians. The remark was not intended to trivialise or make light of the act of crucifixion or the crucifixion of Jesus Christ, and did not reach the threshold necessary to encourage discrimination against, or denigration of, the Christian community....

Summary[This summary does not form part of the decision. ]An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease. ’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole....

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 105/94 Dated the 3rd day of November 1994 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 I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

The Authority has not upheld a complaint alleging an item on Morning Report misrepresented the Hawke’s Bay Regional Council’s views responding to iwi concerns about groundwater issues, including why local streams were drying up, and did not properly examine the complexity of the issues. The Authority found no breach of the balance standard as the item focused on one aspect of the issue and was clearly presented from the iwi’s perspective, and there is ongoing coverage of various viewpoints on the topic. Not Upheld: Balance...

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

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...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....

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 not upheld a complaint that a Midday Report item regarding a boost in Kiwisaver funds breached the accuracy and fairness standards. The complainant argued the item was misleading, for not disclosing that the organisation which produced the relevant survey findings does not survey all Kiwisaver providers, and was unfair to Kiwisaver providers who were not surveyed. The Authority found the item would not have misled listeners and that the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

Summary[This summary does not form part of the decision. ]A radio play, Playing With Fire, was broadcast on RNZ National on 22 and 26 February 2017, around the time of the Port Hills fires in Christchurch. The play followed a family as they were evacuated from their home in rural Canada due to a forest fire. The focus of the story was the struggling relationship between married couple Judy and Arnold, and its effect on their son, Daniel (who was described as having learning difficulties). The Authority did not uphold a complaint that the broadcast of this play, around the time of the Port Hills fires, was in poor taste. Programme selection and scheduling decisions were ultimately at the discretion of the broadcaster, and the Authority recognised the high value of the fictional work in terms of the right to freedom of expression....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – host used the phrase “50 times less power” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] At approximately 12. 10am on Radio New Zealand National on Saturday 24 October 2009, the radio host of the All Night Programme discussed the “World Solar Challenge”, a race across Australia using cars powered by the sun. He referred to Cambridge University’s entry, saying: “‘Endeavour’ requires 50 times less power than a normal petrol-fuelled vehicle, and experts believe that aspects of its design should provide a model for green vehicles in the future” – that from team spokeswoman Lucy Hickmet....