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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-106 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by REX LE BAS of Dunedin Broadcaster RADIO NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...
ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....
The Authority has not upheld a complaint that a statement on RNZ National that the new Government ‘plans to repeal Smokefree legislation to fund tax cuts’ breached the accuracy and balance standards. The Authority found the accuracy standard was not breached noting other content within the broadcast and interviews with National Party members before the programme meant audience members were unlikely to be misled. The balance standard did not apply. Not Upheld: Accuracy, Balance...
Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...
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 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 Authority1 has not upheld a complaint a discussion on an inquiry and proposed reforms to the Retirement Villages Act 2003 breached the accuracy, balance and fairness standards, due to the broadcaster failing to provide prior warning to the complainant of the inclusion of a further participant to the discussion, and for not providing sufficient time for the complainant to respond to the new participant’s analysis. The Authority found the complainant was provided with a fair opportunity to articulate his position and to respond to concerns raised by other participants; the alleged inaccuracies amounted to analysis, to which the accuracy standard does not apply, and the analysis was not materially misleading with respect to any facts referred to. Noting the perspectives included in the broadcast, the Authority found the complainant’s concerns about balance were better addressed under accuracy and fairness. Not Upheld: Accuracy, Balance, Fairness...
The Authority has not upheld a complaint an interview on Saturday Morning, where the host misgendered and ‘deadnamed’ the interviewee, breached the discrimination and denigration standard. While the Authority acknowledged the potential harm in the host’s words, it found the words were directed at the interviewee as an individual, not a section of society as required by the standard. The Authority, in implying the fairness standard, did not consider listeners would have been left with a negative impression of the interviewee. The potential harm therefore did not reach the threshold justifying regulatory intervention. Not Upheld: Discrimination and Denigration, Fairness...
Summary[This summary does not form part of the decision. ]An item on Sunday Morning featured an interview with journalist Paula Penfold about the recently published book, Don’t Dream It’s Over: Reimagining Journalism in Aotearoa New Zealand. During the interview, Ms Penfold discussed the Stuff Circuit team’s investigation into the death of a teenage girl with Down Syndrome at the Gloriavale Christian community. Ms Penfold referred to the complainant’s documentary, Gloriavale: A Woman’s Place, saying, ‘And I know a little bit about how that works with Hopeful Christian, the leader at Gloriavale. You know, he will insist on editorial control’. The Authority did not uphold a complaint that Ms Penfold’s statements were inaccurate. Ms Penfold’s statement represented her own analysis, comment or opinion, based on her experiences at Gloriavale, and so was not subject to the accuracy standard....
Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....
Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about a comment made by business commentator, Rod Oram, during a segment on Nine to Noon. The Authority found that Mr Oram’s view as to the effectiveness of a former Chair of a seed business was an opinion that is not subject to the accuracy standard. Not Upheld: Accuracy The item[1] A segment on Nine to Noon featured business commentator Rod Oram discussing the sale of a seed business. During the discussion Mr Oram said one of the former Chairs had been ‘highly effective’ in their previous roles. [2] The item was broadcast on 7 August 2018 on RNZ National. The complaint[3] Allan Golden complained that Mr Oram’s statement about the effectiveness of the former Chair was ‘not true’ as Mr Golden believed they had not been ‘highly effective’....
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 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...
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...
The Authority has not upheld a complaint an episode of Story Time, involving a reading of ‘Sight for Sore Eyes’ followed by comments from the announcer, breached the discrimination and denigration standard. The story was about a man in Eritrea suffering from trachoma, which was deteriorating his vision, who had his vision restored by a visiting eye doctor, Dr Fred Hollows. The announcer then recounted her, and a listener’s, experiences with the Fred Hollows Foundation. The complainant considered the broadcast used ableist language, implying blind people ‘require fixing’. The Authority found the language did not have this effect, was in keeping with the context of a fictional story about the treatment of preventable blindness, and did not carry any malice. Therefore the broadcast did not reach the threshold for breaching the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...
The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...
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...
Summary Gary McCormick, a guest on National Radio’s Nine to Noon on 22 July 1999, joked with the host about a news report that day that an IRD employee had offered to forego an audit of some prostitutes in exchange for free sex. Referring to a Civil Aviation Authority report on an air accident reported that day, he joked that he would ask the CAA to provide a warrant for his car. Mr Boyce complained to Radio New Zealand Ltd, the broadcaster, that the exchanges were inappropriate. When he did not receive a response from RNZ within the statutory time limit, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The Authority sought RNZ’s comments on the complaint. It reported that it had responded to the complaint 19 working days after its receipt....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – reported that shareholders had questioned the appointment of a former director of Feltex as the new Auckland International Airport chairperson, “even though she left the failed carpet company 15 months before its collapse” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – timing of Feltex’s collapse not a material point of fact – item included comment from Ms Withers referring to the situation at Feltex – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Morning Report, broadcast on Radio New Zealand National on the morning of 29 October 2010, reported that Auckland International Airport had a new company chairperson....
The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...