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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-039 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R F ALLAN of Dunedin Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday Mornings with Chris Laidlaw – programme discussing whether the services available to people who had been sexually abused were adequate, or whether a greater level of care could be provided – allegedly unbalanced Findings Principle 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] The Ideas programme with Chris Laidlaw, broadcast on National Radio between 11am and midday on Sunday 10 September 2006, discussed whether the services available to people who had been sexually abused were adequate, or whether a greater level of care could be provided....

The Authority has not upheld a complaint that a broadcast on Radio New Zealand National’s Saturday Morning breached the balance, accuracy, and fairness standards. The broadcast was an interview of a UNICEF spokesperson and humanitarian worker about her experience living and working in Lebanon amid the ongoing Israel-Hamas-Hezbollah conflict. The Authority found the broadcast was clearly signalled as being from the interviewee’s perspective and was not claiming nor intending to be a balanced examination of perspectives on the conflict. The audience also could reasonably be expected to be aware of significant context and viewpoints from other media coverage. Regarding accuracy, the Authority found the likelihood of a listener being misled by omission of any of the identified perspectives and context was significantly reduced, noting other media coverage of the conflict....

The Authority has not upheld a complaint that a broadcast of Morning Report breached the accuracy standard through its reporting on research conducted by the New Zealand Institute of Economic Research. The research indicated ‘At Level 1, among teachers who at least had attempted to gain credits in any of English, maths or science, significant percentages failed to gain an Achieved level endorsement (the NCEA equivalent of a subject pass). ’ The complainant considered the broadcast misleadingly implied an alarming number of primary teachers were unqualified to be teaching these subjects, by failing to make clear that further study was needed to qualify as a primary school teacher, or that an Achieved level endorsement at Level 1 is an optional award....

The Authority has not upheld a complaint that a brief Radio New Zealand (RNZ) News bulletin, reporting regarding violence in Amsterdam surrounding a football match between Ajax and Maccabi Tel Aviv, was inaccurate and unbalanced. The Authority found the brief, straightforward item did not amount to a ‘discussion’ of a controversial issue for the purposes of the balance standard; and listeners were unlikely to be misled by this single item given RNZ’s and other outlets’ earlier coverage of the events. By the time this item was broadcast, RNZ had already reported the information the complainant wished to be included in several other bulletins the previous evening and earlier the same day. Therefore, the Authority overall did not find any harm at a level justifying regulatory intervention. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint under the balance and accuracy standards about an interview on Morning Report with ‘[a]n Iranian woman, living in New Zealand … shocked by the scale of attacks from Israel on Iran’. The complainant alleged the broadcast ‘presented a one-sided narrative critical of Israel’, and omitted significant viewpoints — namely, those of ‘pro-Israel Iranians’ — and vital context. The complainant also alleged the broadcast contained material inaccuracies, by indicating Israel targeted residential buildings and misled listeners regarding the Iranian regime and Israel’s intentions. The Authority found the broadcast was not claiming nor intending to be a balanced examination of perspectives on the conflict. The audience could also reasonably be expected to be aware of significant context and viewpoints from other media coverage....

ComplaintNational Radio – Eureka – interview with Lord Robert Winston – critical comments about genetic modification research of Dr Arpad Pusztai – comments on cloning and transgenics – presenter failed to challenge Lord Winston – inaccurate, unfair and unbalanced FindingsPrinciple 4 – period of current interest ongoing – range of views being broadcast – no uphold Principle 5 – Dr Pusztai not dealt with unfairly – no uphold Principle 6 – minority – decline to determine – majority – Lord Winston's legitimately held opinions – no uphold This headnote does not form part of the decision. Summary [1] The edition of Eureka broadcast on National Radio on Sunday 12 August 2001 at 2. 00pm, and on Monday 13 August 2001 at 7. 00pm, included an interview with Lord Robert Winston, who gave his views on how the media covers science and medicine....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 154 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D F HARVEY of Lower Hutt Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority has declined to determine a complaint alleging an item on Nine to Noon breached the offensive and disturbing content standard, due to a presenter using the expression ‘effing annoying’ when describing a character in a book review. In light of the Authority’s guidance on complaints that are unlikely to succeed 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) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

The Authority has not upheld an accuracy complaint concerning a Morning Report interview with the Problem Gambling Foundation’s Director of Advocacy and Public Health. The interview discussed a new secondary school programme aimed at educating young people about the risk of developing problem gambling habits from playing video games, referring in particular to ‘loot boxes’ in gaming which often cost real money. The interviewee’s statement alleged to be inaccurate was, ‘We know around the world that a lot of countries have banned loot boxes…’ which the complainant said was incorrect as only one country – Belgium – has banned loot boxes. The Authority found in the context of the full five-minute interview, which focused on the importance of educating young people about the dangers associated with gaming and risk of developing problem gambling habits, this statement was not a material point of fact. Not Upheld: Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

The Authority has not upheld a complaint that it was inaccurate and unfair to describe WikiLeaks as a ‘hacktivist’ organisation during a RNZ news bulletin reporting on a rise in hacktivism, and how hacktivists often work together with cyber-criminal groups. The Authority found that the term being used to describe Wikileaks was not a material inaccuracy, given WikiLeaks’ role in the hacktivist ‘ecosystem’. The Authority further found the report was not unfair to WikiLeaks or its founder. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint alleging an RNZ National news bulletin addressing airstrikes in Lebanon breached the balance, accuracy and fairness standards, including by failing to provide context for the airstrikes. The Authority found the broadcast was a simple report on events rather than a ‘discussion’ of issues to which the balance standard might apply. It found listeners were unlikely to get a misleading impression of events from the report and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....

Summary [This summary does not form part of the decision. ]An item on Morning Report reported on and discussed the introduction of ACT MP David Seymour’s End of Life Choice Bill 2017 to Parliament. The broadcast featured excerpts from speeches made during the first reading of the Bill, comments from RNZ’s political commentator and an interview with Mr Seymour. The Authority did not uphold a complaint that statements made by Mr Seymour that ‘[assisted dying is] becoming normal around the world’ were inaccurate. The Authority emphasised the importance of freedom of political expression and the high threshold required to justify limiting that expression. It found that the statement complained about was clearly distinguishable as Mr Seymour’s analysis and opinion, rather than a statement of fact to which the accuracy standard applied. Additionally, alternative viewpoints on the Bill were presented during the item so listeners would not have been misled....

The Authority has not upheld a complaint an episode of The Panel, which discussed Prime Minister Jacinda Ardern’s recent resignation announcement, breached the accuracy standard. During the episode, the host spoke briefly with a caller who raised concerns about COVID-19 vaccine mandates, to which a panellist responded ‘97% of us got vaccinated’. While the Authority acknowledged this statement was inaccurate, it was unlikely to significantly affect listeners’ understanding of the segment which focused on Ardern’s resignation. Not Upheld: Accuracy...