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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 52/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

The Authority has not upheld a complaint that an interview on Afternoons with Jesse Mulligan concerning the Gene Technology Bill breached the balance standard. The host interviewed a professor of biological sciences regarding the progress of the Bill, and whether reducing regulation around genetic modification in Aotearoa New Zealand was a good idea. The complainant considered the segment lacked balance as it only provided a viewpoint in favour of the Bill and genetic modification. The Authority did not uphold the complaint, finding the interview was clearly signalled as approaching the issue from a particular perspective, referred to the existence of other perspectives, and the broadcaster had reported extensively on the issue, emphasising a range of different perspectives, within the period of current interest. Not Upheld: Balance...

The Authority has not upheld a complaint that an interview on Morning Report with the new leader of the National Party, Christopher Luxon MP breached the discrimination and denigration standard. During the interview, Luxon was asked questions around his Christian beliefs and the impact of these beliefs on his political views on abortion, euthanasia and same-sex marriage. The Authority was satisfied the interview did not contain anything that encouraged discrimination against, or denigration of, people of Christian faith. Not Upheld: Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – comments about disabled people being “munted” – allegedly denigratoryFindingsPrinciple 7 (social responsibility) – no denigration on account of disability – item was legitimate humour – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in the Off the Wire programme broadcast on National Radio on 16 October 2004 discussed recent news events, including the decision of the International Paralympics Committee not to allow a quadriplegic rugby player to attend the Disabled Games. [2] One of the participants, Mike Loder, a comedian, said that the Committee considered “how munted you are” in deciding whether to allow a person to participate in the games....

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an individual on The Panel should not have been on the programme due to ‘corrupt practices’ and therefore the broadcast was inaccurate. The Authority found that the arguments raised in the complaint had no direct correlation to the standard raised. Declined to Determine: Accuracy The broadcast[1] A segment on The Panel featured the host and two panellists, one of whom the complainant submitted should not have been involved in the broadcast. [2] The item was broadcast on 26 September 2018 on RNZ National. The complaint[3] Allan Golden complained one of the panellists should not have been on The Panel due to the ‘highly corrupt’ practices which Mr Golden alleged the person’s organisation was engaged in....

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

The Authority has declined to determine a complaint regarding a broadcast discussing Fonterra’s write-down of assets and the Reserve Bank’s announcement of an official cash rate cut. The Authority considered that the complaint was trivial, frivolous and vexatious and raised matters which were not covered in the broadcast and amounted to the complainant’s personal preference rather than issues of broadcasting standards. Declined to Determine: Accuracy...

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 two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

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...

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....

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with the President of Catholics for Choice (CFC). He spoke about CFC’s position, and his own views, on contraception, marriage equality and abortion, contrasting these views with the Catholic Church’s stance on these topics. The Authority did not uphold a complaint made by Right to Life that a representative of the Catholic Church should have been given the opportunity to respond to the ‘allegations’ made by the CFC President. The item was introduced and presented from the narrow perspective of CFC, which did not represent the views of all Catholics or of the Church hierarchy, and this was made clear during the interview....

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

The Authority has not upheld a complaint that a Checkpoint segment about a media release issued by Forest and Bird stating that commercial fishing set nets were responsible for the deaths of an estimated 30 yellow-eyed penguins was unbalanced or unfair. The Authority found that Fisheries Inshore New Zealand Ltd was treated fairly by RNZ as it was contacted for a response to Forest and Bird’s statement prior to the broadcast. The Authority found this amounted to being given a fair and reasonable opportunity to comment for the programme before it was broadcast. The Authority also found that the item was balanced as RNZ broadcast a summary of the response sent by Fisheries Inshore during the Checkpoint segment....

The Authority has not upheld a complaint about a Checkpoint item reporting on concerns from Auckland florists about changes to the operation of the city’s major flower supplier, United Flower Growers (UFG). UFG complained the report inaccurately stated all florists had elected to remain anonymous, was unfair to UFG by inadequately reflecting its response to the concerns raised, and was unbalanced, in breach of the accuracy, fairness and balance broadcasting standards. The Authority found it was not materially inaccurate to say all florists elected to remain anonymous, and UFG was given a fair and reasonable opportunity to comment for the broadcast, satisfying the requirements of the fairness and balance standards. Not Upheld: Balance, Accuracy, Fairness...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – reviewed book about events during World War II – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – review did not minimise the horror of the Holocaust or the events depicted in the novel – book presented as a historical fictional novel that was a blend of fact and fiction – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During the All Night Programme, broadcast on Radio New Zealand National on 9 May 2012, a guest reviewed a book called “Himmler’s brain is called Heydrich”, written by Laurent Binet. The book is in the genre of historical novel where a fictional account is written around an historical event....