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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-061 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CONNELL of Rotorua Broadcaster RADIO NEW ZEALAND LIMITED L M Loates R McLeod J Withers...

ComplaintMorning Report – presenter stated "To Israel […] and the streets of Bethlehem" – inaccurate FindingsPrinciple 6 – implication that Bethlehem in Israel – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] On Morning Report broadcast on National Radio on 24 December 2002 at approximately 7. 50am, the presenter stated "To Israel […] and the streets of Bethlehem…". [2] On behalf of the Palestine Human Rights Campaign (PHRC), David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, as Bethlehem was not in Israel. [3] In response, RNZ said that the item was not inaccurate, as there was no assertion on the part of the presenter, or in the item, that Bethlehem was in Israel....

ComplaintBookmarks – book reading – offensive language; unsuitable for children FindingsPrinciple 1 – potential breach averted by words being beeped – no language or concepts which would offend – not targeted at children – no uphold This headnote does not form part of the decision. Summary An extract from the book "They who do not Grieve" by Sia Figiel was read by her on the Bookmarks programme broadcast on National Radio on 2 December 1999 beginning at 7. 00pm. Part of the extract was masked by an audible beep. Douglas Bacon complained to Radio New Zealand Ltd that the extract read was vulgar and that he could hardly believe the "obscenities" it contained. He said he took into account that it was broadcast during the early evening when younger people could be listening....

ComplaintNational Radio – Nine to Noon – book reading from novel "Baby No-Eyes" – broadcast repeated – explicit sex instruction from young boy to sister – bad taste FindingsPrinciple 1 – material not offensive in context – no uphold This headnote does not form part of the decision. Summary A reading from the novel "Baby No-Eyes" by Patricia Grace was broadcast on National Radio’s Nine to Noon show, beginning at 10. 30am on a weekday during April or May 2001. The broadcast was repeated at the same time on the following day. M R Ross complained to Radio New Zealand Ltd, the broadcaster, that she was "horrified" to hear "an explicit sex instruction from a young boy to his little sister" during a book reading she said was broadcast on 9 May 2001, and then repeated on 10 May 2001. RNZ did not uphold the complaints....

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....

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

Summary [This summary does not form part of the decision. ]The host of current affairs programme Outspoken interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice. The Authority declined to determine the complaint that the broadcast breached standards because it did not mention alleged government corruption as one of the contributing factors to such injustice. Mr Golden has repeatedly referred similar complaints, which are based on his personal preferences and are matters of editorial discretion, not broadcasting standards. Declined to Determine: Accuracy, Fairness, Responsible ProgrammingIntroduction[1] During Outspoken, a half-hour current affairs programme, the host interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice....

ComplaintBea Arthur on Broadway – Concert FM – joke about a taxi driver and his fantasy about oral sex with a nun – offensive FindingsPrinciple 1 Guideline 1a – context – no uphold his headnote does not form part of the decision. Summary [1] Bea Arthur on Broadway: Just Between Friends featured in the Music Alive programme broadcast on Concert FM between 8. 00–9. 10pm on Friday 24 January 2003. During the programme, actress Bea Arthur told a joke about a nun who hired a taxi, and the taxi driver who told her that he had a fantasy about having oral sex with a nun. [2] Paul Clarke complained to Radio New Zealand Ltd, the broadcaster, that the story was offensive and not the sort of material expected on Concert FM. [3] In response, RNZ apologised to Mr Clarke....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Peewee’s Sister – children’s short story about a boy who was being bullied for his school lunch – story contained two parts involving scuffles between characters – allegedly in breach of good taste and decency, law and order and social responsibility Findings Principle 7 (social responsibility) – theme of a bully being beaten by his own tactics of physical force not inappropriate for a children’s story – broadcaster sufficiently considered the story’s effect on child listeners – not upheld Principle 1 (good taste and decency) – subsumed into consideration of Principle 7 Principle 2 (law and order) – subsumed into consideration of Principle 7 This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]A RNZ News bulletin reported on the NZ Police Association’s view that a recent spate of Police shootings was the result of ‘too many firearms getting into the wrong hands’. During the bulletin, the presenter said: ‘The Association’s President… says more than 20,000 firearms, including semi-automatic military weapons, are stolen or sold to offenders each year. ’ The Authority upheld a complaint that the presenter’s reference to more than 20,000 firearms being stolen or sold to offenders was inaccurate. According to the Police Association, the President should have been quoted as saying ‘over 50,000 firearms enter the country each year, a number of which are stolen or sold to offenders’....

The Authority has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint about an item on Morning Report and a summary bulletin that discussed complaints about Kāinga Ora tenants forcing people to leave their homes. Kāinga Ora complained it was not given an opportunity to comment on one of two situations discussed during the broadcast, which led to the item being unbalanced, and was unfair to the agency. Noting the issue, and numerous similar cases, had been discussed over a number of months in RNZ reporting, the Authority found it was not required in the interests of either balance or fairness for Kāinga Ora to be given a specific opportunity to comment in relation to that particular case. In any event, the Housing Minister’s response, which referred to Kāinga Ora treating complaints seriously and its updated processes for dealing with complaints, was adequate to address the issues raised. Not Upheld: Balance, Fairness...

The Authority did not uphold a complaint regarding inclusion of a comment, ‘The party is reeling’, in the context of a news bulletin regarding the resignation of National Party Members. The complainant submitted this was unnecessary editorial comment which should not have been in a news bulletin. The Authority found the comment was distinguishable as analysis or opinion, a matter of editorial discretion and unlikely to mislead listeners. Not Upheld: Accuracy...

Download a PDF of Decision No. 1992-019:Clements and Radio New Zealand Ltd - 1992-019 PDF712. 42 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – live telephone interview with Napier resident watching police trying to deal with an armed man barricaded inside a house and who had been shooting at police – host questioned resident about what he could see and hear and what the police were doing – allegedly in breach of law and order standard Findings Standard 2 (law and order) – information provided by interviewee would not have assisted the armed man – no evidence that the information disclosed affected the maintenance of law and order – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Checkpoint, broadcast on Radio New Zealand National at 5....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – political discussion – allegedly unfair FindingsStandard 6 (fairness) – robust political discussion – vital component of freedom of expression that politicians and public figures are scrutinised – panellist’s comments about Phil Goff were not “abusively personal” – Phil Goff treated fairly – not upheld This headnote does not form part of the decision. Introduction [1] A political discussion was broadcast during Nine to Noon on Radio New Zealand National on the morning of 3 October 2011. [2] Dorothy Bauld made a formal complaint to Radio New Zealand Ltd (RNZ), the broadcaster, alleging that the broadcast breached standards relating to controversial issues, fairness and discrimination and denigration....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Checkpoint – report stated that Queenstown may face an energy crisis in the future – the words electricity, energy and power were used interchangeably – allegedly in breach of balance, fairness, accuracy and social responsibility standards Findings Principle 6 (accuracy) – item was not deceptive – listeners would not have been misled – not upheld Principle 4 (balance) – standard did not apply because the item did not discuss a controversial issue of public importance – not upheld Principle 5 (fairness) – standard did not apply – not upheld Principle 7 (social responsibility) – standard did not apply – not upheld This headnote does not form part of the decision....