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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY 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: 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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

ComplaintOutspoken – foreshore and seabed issue – complaint that the panel of four represented radical Maori viewpoint and item partial and unbalanced FindingsPrinciple 4 – introduction set framework – those matters canvassed during broadcast – not upheld This headnote does not form part of the decision Summary [1] The foreshore and seabed issue was addressed by a panel of four speakers during Outspoken, broadcast on National Radio between 8. 00 and 9. 00 pm on 11 November 2003. [2] Gregory Wicksteed complained to Radio New Zealand Ltd, the broadcaster, that the item was neither impartial nor balanced. The four panellists and the two presenters, he wrote, represented only the Maori radical movement. No allowance, he added, was made for the alternative viewpoint held by the majority of New Zealanders. [3] In response, RNZ said that the standards provided for balance being achieved over time....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – news item broadcast on the night before the General Election reported on upcoming election prediction made by leader of the Labour Party that Labour could still win the election – allegedly in breach of controversial issues - viewpoints and fairness Findings Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – the policies of other political parties were canvassed earlier the same day – appropriate that Prime Minister had the final say – not upheld Standard 6 (fairness) – item unbiased – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-091 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....

The Authority has not upheld a complaint about a broadcast on Radio New Zealand National’s Nine to Noon marking one year since the 7 October 2023 Hamas-led attack on Israel. The broadcast included two interviews conducted by host Kathryn Ryan - one with BBC Middle East editor Sebastian Usher, and the other with Sally Stevenson, an emergency coordinator with Médecins Sans Frontières. The Authority found listeners were alerted to alternative significant viewpoints during Usher’s interview, and Stevenson’s interview was clearly signalled as being from Stevenson’s perspective. Additionally, the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage and, while noting the balance standard is not directed at bias, no material which indicated bias against Israel was identified....

The Authority has not upheld a complaint from the New Zealand Defence Force (NZDF) about an interview with Nicky Hager discussing the results of an Australian enquiry into its Defence Force and the implications for the NZDF. The Authority noted the high public interest in the broadcast and found that as it was clearly coming from Mr Hager’s perspective and other news bulletins signalled other views, the balance standard was not breached. The broadcast was not unfair to the NZDF. It is a government agency that can reasonably expect public scrutiny. In addition, comment from the Defence Minister was sought and included in later news bulletins. Not Upheld: Balance, Fairness...

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

Summary In an interview broadcast after the jury announced its verdict in the trial of Scott Watson, Olivia Hope’s father appealed for information which would help trace the bodies of the two victims. The item was broadcast on 11 September 1999 beginning at 6. 00pm. Ms van Drunen complained to Radio New Zealand Ltd, the broadcaster, that Mr Hope had "blatantly accused" the parents of Scott Watson and the family of being part of a cover-up in the disappearance of the two young people. She suggested that as Mr Watson had been found guilty without a single piece of hard evidence, it was possible that he did not know what had happened to them. RNZ responded that it found it hard to conclude that what was said contained an accusation of a cover-up....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-1465 PDF165. 64 KBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with legal commentator about the Ministry of Justice’s review of the Domestic Violence Act 1995 – referred to women when talking about the victims and men when discussing the abusers – allegedly unbalancedFindings Principle 4 (balance) – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheldThis headnote does not form part of the decision. Broadcast[1] An item broadcast during Nine to Noon on Radio New Zealand National on 27 February 2008 featured an interview with a legal commentator, Catriona McLennan. Ms McLennan discussed a review, published by the Ministry of Justice, of implementation aspects of New Zealand’s Domestic Violence Act 1995....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – allegedly in breach of good taste and decency  Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1]  On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

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 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)...

ComplaintMorning Report – British newspaper reviews – left wing bias – unbalancedFindingsNo issues of broadcasting standards raised – decline to determine under s. 11(b) of the Broadcasting Act This headnote does not form part of the decision. Summary During Morning Report broadcast daily on weekdays between 6. 00–9. 00am on National Radio, some selected overseas newspapers are reviewed. During the period 4 to 28 July 2000, The Guardian, The Daily Telegraph and The Times were reviewed. Mr G C C Meikle complained to Radio New Zealand Ltd, the broadcaster, that its coverage of the British dailies lacked balance. He noted that considerably more reference had been given to The Guardian than to either The Daily Telegraph or The Times. In his view there was no justification for the bias he believed was demonstrated in favour of The Guardian....