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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRANT SUMNER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 114/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID CURRIE of Petone Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

ComplaintIn Touch with New Zealand – discussion about soy products – commercial promotion – harmful aspects not addressed – unbalanced FindingsPrinciple 4 – magazine item – controversial issues explicitly put to one side – no uphold This headnote does not form part of the decision. Summary [1] Soy products were discussed in an item broadcast on In Touch with New Zealand on 31 July 2001. This magazine programme is broadcast on National Radio each weekday between 2. 00–5. 00pm. [2] R J James complained to Radio New Zealand Ltd, the broadcaster, that the item was unbalanced as listeners were not advised that soy products were potentially hazardous. [3] In response, RNZ questioned whether the use of soy products was a controversial issue for which balance was required, but nevertheless, it argued that debate in the media was ongoing. It declined to uphold the complaint....

ComplaintConcert FM – news item on cannabis use – report that decriminalisation would lead to increased use – and heavy use could lead to criminal behaviour FindingsPrinciple 4 – long period of current interest for the decriminalisation of cannabis debate – explored in other media – Guideline 4b (ii) – no uphold This headnote does not form part of the decision. Summary [1] A submission that the decriminalisation of cannabis would lead to other criminal and anti-social behaviour was referred to in a news item broadcast on Concert FM at 8. 00am on 23 July 2001. It was reported that the submission had been made by the Police Association to a Parliamentary Health Select Committee inquiring into the harm associated with cannabis use. [2] David Currie complained to Radio New Zealand Ltd, the broadcaster, that the news item was misleading....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – lead story on speculation that recently announced tax cuts in the Australian Federal budget could attract an increased number of migrants from New Zealand – allegedly unbalanced in that it omitted to mention New Zealand’s low tax rate by OECD standardsFindingsPrinciple 4 (balance) – controversial issue was whether the cut in tax rates would lead to increased migration – significant points of view presented about that issue – not upheldThis headnote does not form part of the decision. Broadcast [1] The possible attraction to New Zealanders of the recently announced tax cuts in the Australian Federal budget was discussed on Morning Report on 11 May 2006, immediately following the 7. 00am news. The item referred to spokespeople from recruitment agencies who said migration to Australia could increase unless there were tax reductions in the forthcoming New Zealand budget....

Complaint under section 8(1)(a) of the Broadcasting Act 1989This Way Up – host interviewed correspondent about an Irish pub which had been burned to the ground twice allegedly by local mafia in Sicily – host laughed occasionally while asking questions – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – awkward laughter did not threaten standards of good taste and decency in the context of an entertainment programme – not upheld This headnote does not form part of the decision. Broadcast [1] On Radio New Zealand National’s This Way Up programme on the afternoon of Saturday 3 March 2007 the host, Simon Morton, interviewed a correspondent in Rome. The correspondent told the story of an Irish pub in Sicily – owned by Italian and Irish men – that had refused to pay the local mafia “protection money”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

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 under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Download a PDF of Decision No. 1993-076:Ryall MP and Radio New Zealand Ltd - 1993-076 PDF545. 05 KB...

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 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...

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...

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 declined to determine a complaint about a news item on RNZ National. The item included a brief comment of Israeli Prime Minister Benjamin Netanyahu from his first televised address following the deaths of key Hamas leaders which the complainant alleges was in breach of multiple standards. The Authority declined to determine the complaint finding it relates to a matter of editorial discretion/personal preference and identified no harm sufficient to outweigh the right to freedom of expression. Declined to Determine under s 11(b) of the Broadcasting Act 1989: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance and Fairness...

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....