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The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority declined to determine two complaints regarding broadcasts by Radio New Zealand. The first complaint related to a segment on the Five O’Clock Report which featured an interview with National Party MP Mark Mitchell. The second complaint related to a segment on the Morning Report featuring an interview with then leader of the Opposition, Simon Bridges. Robert Terry complained that the Five O’Clock Report segment contained biased coverage and that the Morning Report segment required balance.  The Authority found that the complaints did not relate to the content of the broadcast and were not capable of being determined by a complaints procedure. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority. Declined to Determine: Balance...

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  ...

The Authority1 has not upheld a complaint that interviews on The Detail discussing a ‘power imbalance’ between retirement village operators and residents breached the balance, accuracy and fairness standards. The complainant alleged the broadcast was unbalanced and unfair as it did not provide an alternative perspective from a retirement village operator or the industry, and the statement, ‘operators are just sitting on the weekly fee’, was inaccurate. The Authority found the broadcast was signalled as coming from a particular point of view and viewers were unlikely to expect a countering perspective in the broadcast. The Authority also found the alleged inaccurate statement was clearly distinguishable as analysis, comment or opinion and was not materially misleading. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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...

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....

The Authority has declined to determine a complaint alleging a brief news bulletin on Radio New Zealand’s RNZ Concert breached the balance and accuracy standards in reporting statements by US Vice President JD Vance. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion and the complainant’s concerns about accuracy derived from a misinterpretation of the bulletin.   Declined to Determine (s 11(b) of the Broadcasting Act 1989 - in all circumstances): Balance, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon (x2), Today in Parliament, Saturday Morning with Kim Hill, Morning Report – each used the term “front bums” – allegedly offensive – the word “bloody” used once – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – “front bums” – novel phrase – mildly vulgar – “bloody” – mild expletive – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The Hon John Tamihere MP, a cabinet minister at the time, used the phrase “front bums” to describe women in a magazine interview. The phrase was later used on National Radio on Nine to Noon broadcast on 12 and 14 April 2005, on Today in Parliament at 6. 35pm on 12 April, and on Saturday Morning with Kim Hill at 9. 05am on 16 April....

An appeal against this decision was allowed in the High Court and the complaint was referred back to the Authority for reconsideration: CIV 2010-485-225 PDF136. 55 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurateFindingsStandard 5 (accuracy) – item was a factual programme – interviewee made statements of fact that were material to topic under discussion – accusations extremely serious – broadcaster did not make reasonable efforts to assess the veracity of the accusations – upheld by majorityNo OrderThis headnote does not form part of the decision....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-028 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by V S PATRICK of Auckland Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and US Palestinian writer and journalist Dr Ramzy Baroud was not upheld. The complaint was that the interview was unbalanced because there was no alternative perspective presented to counter Dr Baroud’s views that Israel’s actions amounted to ‘incremental genocide’ of the Palestinians, among other things. The Authority found RNZ made reasonable efforts as required by the balance standard, taking into account Ms Hill’s challenging of Dr Baroud and the use of devil’s advocate questioning, and other contextual factors. The Authority acknowledged that some may not agree with the terms used by Dr Baroud during the interview, but ultimately found that restricting the broadcaster’s or Dr Baroud’s right to freedom of expression would be unjustified....

The Authority has accepted jurisdiction to consider a complaint under the privacy standard made by the Privacy Commissioner. The Authority found the Privacy Commissioner had standing to make the complaint under the Broadcasting Act 1989. It also found it is capable of considering the complaint on its merits and would not be subject to undue influence or bias as a result of the complainant’s status. Finally, it agreed the complaint raised some matters outside the scope of the complaints process and, in accordance with its usual procedures, such matters would not be considered. Accepted Jurisdiction...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – interview with complainant about a possible ban on pseudoephedrine – followed by interview with a GP – interviewer told GP that complainant had suggested that over-the-counter pharmaceuticals containing pseudoephedrine were not the main source of supply for makers of “P” – similar statement made in News item broadcast after the interview – interviewer’s comment and News item allegedly misrepresented Minister’s comments – allegedly unbalanced and inaccurateFindings Principle 4 (balance) – different views expressed – not upheld Principle 6 (accuracy) – Minister’s comment accepted as implication initially – later broadcast as fact – inaccurate – upheldNo Order This headnote does not form part of the decision....

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....