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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-186 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryAn interview with physicist Dr Paul Davies focussed on what the interviewer described as "one of the world’s greatest mysteries, how did life first get started" in an episode of the BBC series, Discovery, broadcast on National Radio on 7 October 1998. Dr Davies hypothesised on the processes of mutation and natural selection, and the possible injection of information into genomes through Darwinian evolution. Mr Fox complained to Radio New Zealand Limited, the broadcaster, that Dr Davies’ comments were inaccurate and unbalanced. He said it was incorrect to state that mutation and natural selection increased information in the genome. The programme, he wrote, should have included the Creationist view about the origin of information in living things. Responding, RNZ denied that the comments were inaccurate, and pointed out that they were the scientifically-based opinions of Dr Davies, had been identified as such, and were reported truthfully and accurately....

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

The Authority did not uphold a complaint about an item on Morning Report discussing data showing Wellington to have the highest assault and sexual assault rates. Discussing the causes for this, the interviewer posed the question: ‘Do we have a problem with masculinity here? ’ and a discussion followed regarding the potential contribution of ‘toxic masculinity’ to Wellington’s crime rate. The Authority found the term did not carry the derogatory connotations suggested and the item did not contain the high level of condemnation or malice towards men required to contravene the standard. Not Upheld: Discrimination and Denigration...

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....

The Authority did not uphold a complaint that an interview on Morning Report with Martin Sellner, the leader of an Austrian far-right group, was unbalanced or misleading. Interviewer Corin Dann questioned Mr Sellner on the donation he had received from the alleged Mosque attacker and Mr Sellner’s choice to give some of the money to Victim Support, a charity assisting victims of the Mosque attacks. In response to other questions, Mr Sellner also provided some comment regarding his ideologies. During the interview, Mr Dann questioned whether Mr Sellner had a role in radicalising the alleged attacker and whether Mr Sellner felt any responsibility for the attacks. The Authority found that the balance standard was not breached considering the clear approach of the broadcast, focussing on the perspective of Mr Sellner, the introduction prior to the interview and Mr Dann’s questioning of Mr Sellner....

An item on RNZ’s Midday Report covering reports of violence against protesters at Kennedy Point Marina included interviews with a protester, and the developer of the site. The Authority has not upheld a complaint the item breached the balance and fairness standards. The Authority found the item presented a reasonable range of perspectives and developer Kitt Littlejohn was given a fair and reasonable opportunity to present his point of view. Given the level of public interest in the item, Mr Littlejohn, in his position, could reasonably expect the media’s scrutiny and the programme was unlikely to leave listeners with an unduly negative impression of him. Not Upheld: Balance, Fairness...

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...

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint about an item on The Detail that discussed Auckland Council efforts to monitor and improve the water quality and swimmability of Auckland beaches. The complaint was that the item failed to present alternative views, or test or challenge the views presented by Auckland Council representatives. The Authority noted the balance standard allows for significant viewpoints to be presented over time, and does not require every programme to canvass all significant views on a particular topic. It found there was extensive coverage around the time of the broadcast that provided a range of information on the water quality and swimmability of Auckland beaches, and the broadcast approached the issue from a particular perspective, not purporting to be a balanced examination of the adequacy of Auckland Council efforts. The fairness standard did not apply. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint regarding an episode of The Detail, where the host provided a correction to a comment made in a pre-recorded interview immediately after the comment. The Authority considered this sufficiently addressed the inaccuracy in the circumstances, and the way in which it was presented to the audience was an editorial decision open to the broadcaster. Not Upheld: Accuracy...

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 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)...

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – report on the future of superannuation payments in New Zealand – referred to “government superannuation” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Radio New Zealand National News at 9am on Friday 30 October 2009, reported on the future of superannuation payments in New Zealand. The newsreader stated: The Retirement Commissioner says the country needs to consider the future of government superannuation, with Treasury warning that government debt could balloon to two trillion dollars by 2050....