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INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory application for disclosure of additional material – broadcast of allegations by an anonymous interviewee on Nine to NoonDecision on interlocutory applicationRequest for production of field tape – already offered by broadcaster – decline to determineRequest for disclosure of interviewee’s name – not required in order for Authority to determine complaints – declinedRequest for production of all relevant pre-broadcast records and documents, and emails received after the broadcast – not required in order for Authority to determine complaints – declinedThis headnote does not form part of the decision. Factual Background[1] On 12 May 2005, under the protection of parliamentary privilege, National and Act Members of Parliament accused then Associate Minister of Education, the Hon David Benson-Pope, of bullying students while he was teaching at Dunedin’s Bayfield High School in the 1980s. [2] Mr Benson-Pope categorically denied the allegations....

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....

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

ComplaintGood Morning – news item at 7. 00am and subsequently – report that President Bush wanted bin Laden dead or alive – misleading – incorrect FindingsPrinciple 6 – acceptable précis of President’s statement – no uphold This headnote does not form part of the decision. Summary [1] President Bush of the United States wanted "Osama bin Laden dead or alive for last Wednesday’s attacks" reported a news item broadcast on National Radio at 7. 00am on 18 September 2001. The item was repeated on subsequent news broadcasts. [2] Michael Gibson complained to Radio New Zealand Ltd, the broadcaster, that the item was incorrect. He said that he had advised RNZ, shortly after 7. 00am, that President Bush had said that wanted to bring bin Laden to justice. However, he added, the incorrect item had been repeated....

SummaryA segment of Sunday Supplement included an opinion piece by a contributor called James Macky. He commented at length on a newspaper column captioned "If gay is the answer, what’s the question". The programme was broadcast on National Radio on 22 August 1999 between 8. 45–9. 00am. The Credo Society Incorporated, through its secretary Mrs Barbara Faithfull, complained to Radio New Zealand Ltd, the broadcaster, that the segment was biased and contained unfair and inaccurate comment. The speaker employed deceitful means by using an assumed name, Mrs Faithfull wrote, and the effect of that was to mislead listeners about the speaker’s credibility. RNZ responded that the segment was an opinion piece in Sunday Supplement which was a programme of review and opinion....

ComplaintInsight – item on the monarchy versus republic debate – unbalanced – unfair presentation – factual inaccuracies FindingsPrinciple 4 – range of views presented – no uphold Principle 5 – Dr Mann of the Monarchist League not dealt with unfairly – no uphold Principle 6 – no inaccuracies – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme dealing with support for a monarchy and republicanism was broadcast on National Radio on Sunday 17 February 2002 between 8. 15–8. 45am. The Queen’s impending visit to New Zealand was the catalyst for the discussion. [2] On behalf of The Monarchist League of New Zealand Inc. , Dr Noel Cox, Chairman, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, factually incorrect and unfairly presented....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – presenter allegedly implied that all of Jerusalem was located in Israel – allegedly inaccurateFindings Principle 6 (accuracy) – item did not imply that Jerusalem belonged to Israel – not upheldThis headnote does not form part of the decision. Broadcast [1] On Morning Report broadcast on National Radio on 15 March 2004 at approximately 7. 15am, a news item was introduced as follows: And now to Israel where at least nine people have been killed in a double suicide bombing at one of the country’s busiest ports earlier today. Two Palestinian militant groups have claimed joint responsibility for the attack. The Independent’s correspondent in Jerusalem, Eric Silva, joins us now. Complaint [2] On behalf of the Palestine Human Rights Campaign, David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the introduction was inaccurate....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – interview with Pauline Hanson on Morning Report – interviewer asked if she was considering political life again and mentioned that ACT party in New Zealand was looking for a new leader – comments allegedly unfair to ACT leaders and voters Findings Principle 5 (fairness) – comment did not attribute politics of Pauline Hanson to ACT party or members – issue of fairness did not arise – not upheld This headnote does not form part of the decision. Broadcast [1] Former Australian politician Pauline Hanson was interviewed on Morning Report on 7 May 2004, shortly before the 7 o’clock news. The interview took place in the context of Ms Hanson’s trip to New Zealand for the purpose of promoting a cleaning franchise. During the interview the interviewer asked Ms Hanson: Any thoughts about entering the political arena again?...

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

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....

Complaint Mana News – call for voters to vote for one mayoral candidate – unbalanced – encouraged discrimination against non-Maori – broadcaster upheld Principle 4 balance aspect – procedures revised to ensure longer period to vet Mana material Findings(1) Principle 7 – Guideline 7a – does not meet high threshold required for discrimination – no uphold - Guideline 7f – call to support candidate with understanding of Maori issues – not an advertisement for a specific candidate – no uphold (2) Action taken – appropriate in context of breach This headnote does not form part of the decision. Summary [1] Two interviewees in an item on Mana News encouraged Maori voters to vote for a named candidate in the Auckland mayoral election. The item was broadcast on National Radio at 5. 55pm on 27 September 2001....

ComplaintMorning Report – panel discussion about Biketawa Declaration – presenter biased – panellist treated unfairly FindingsPrinciple 4 – reasonable efforts made to present significant points of view – no uphold Principle 5 – discussion could have been better handled – not, however, a breach of fairness requirement – no uphold This headnote does not form part of the decision. Summary An item on Morning Report, broadcast on National Radio on 31 October 2000 between 7. 20am and 7. 30am, included a panel discussion about the effects of the recently announced Biketawa Declaration, in which Pacific Islands Forum leaders agreed to change a 30-year tradition of non-interference in the internal affairs of member states, to allow the Forum to deal with regional crises....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

ComplaintMana News – item about funding of Mana Maori Media by Te Mangai Paho – commented on complainants’ questions in Parliament about funding – unbalanced, inaccurate, unfair – Principles 4, 6 and 7 – RNZ upheld the complaint as inaccurate and a breach of Principle 6 – made written apology – action taken insufficient – complainants seek broadcast of correction and apology FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Questions in Parliament from the complainants about the funding of Mana Maori Media Ltd by Te Mangai Paho were dealt with in an item on Mana News broadcast on National Radio between 5. 00–6. 00pm on Friday 2 May 2003. [2] Members of Parliament, Katherine Rich and Rodney Hide, complained to Radio New Zealand, the broadcaster, that the item was unbalanced, inaccurate and denigrated them....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

ComplaintNine to Noon – interview with Linda Clark – blasphemy – "Christ" – offensive language FindingsPrinciple 1 – community generally would not find offensive – no uphold This headnote does not form part of the decision. Summary An interview with Linda Clark, formerly Television New Zealand Ltd’s political editor, on Nine to Noon was rebroadcast on The Best of Nine to Noon at around 6. 45pm on National Radio on 22 December 1999. Rev Campbell complained to Radio New Zealand Ltd, the broadcaster, that the interviewee had used the word "Christ" as an exclamation. He considered that the language breached broadcasting standards requiring good taste and decency....

Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...