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ComplaintCountry Life – National Radio – bugger – offensive languageFindingss. 4(1)(a) – decline to determine – complaint vexatious Orders. 16(2)(a) – costs to broadcaster of $150This headnote does not form part of the decision. Summary [1] Country Life is a programme dealing with rural issues broadcast on National Radio. It is broadcast between 7. 00–8. 00pm on Friday evening and repeated at 7. 00am on Saturday morning. The programme broadcast on Saturday morning 13 April 2002 included a segment about a group of 20 mentally-impaired people in a Trust who were working on a farm. One of the men when interviewed used the phrase “bugger-all”, and the interviewer repeated the term in his next question. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the use of this word on National Radio was offensive....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Two complaints about a report on ‘explosive scenes at Parliament’ including a comment from Willow Jean Prime MP that statements from the National Party ‘really sound[ed] like “she asked for it, her skirt was too short. She was drunk”’ were not upheld. The Authority found the omission of Ms Prime’s subsequent withdrawal of the statement was not material to the story, and her specific comment was opinion to which the accuracy standard does not apply. The balance standard did not apply as the statement did not concern a controversial issue of public importance, and there was no unfairness to the National Party. Not Upheld: Accuracy, Fairness, Balance...

The Authority has accepted jurisdiction to consider a complaint under the privacy standard made by the Privacy Commissioner. The Authority found the Privacy Commissioner had standing to make the complaint under the Broadcasting Act 1989. It also found it is capable of considering the complaint on its merits and would not be subject to undue influence or bias as a result of the complainant’s status. Finally, it agreed the complaint raised some matters outside the scope of the complaints process and, in accordance with its usual procedures, such matters would not be considered. Accepted Jurisdiction...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

The Authority declined to determine two complaints regarding broadcasts by Radio New Zealand. The first complaint related to a segment on the Five O’Clock Report which featured an interview with National Party MP Mark Mitchell. The second complaint related to a segment on the Morning Report featuring an interview with then leader of the Opposition, Simon Bridges. Robert Terry complained that the Five O’Clock Report segment contained biased coverage and that the Morning Report segment required balance.  The Authority found that the complaints did not relate to the content of the broadcast and were not capable of being determined by a complaints procedure. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority. Declined to Determine: Balance...

The Authority declined to determine a complaint that the broadcaster breached broadcasting standards for failing to broadcast the whole of the Director-General of Health’s briefing during the COVID-19 lockdown period. The Authority acknowledged the importance and value of the Director-General’s COVID-19 briefings particularly during the COVID-19 lockdown period. However, it found the complaint did not raise any issue of broadcasting standards capable of being resolved by the complaints procedure. Declined to determine: Programme Information  ...

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard. ’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.   Not Upheld: Good Taste and Decency, Discrimination and Denigration...

The Authority has not upheld a complaint a Mediawatch broadcast breached various standards by allegedly ‘demonising’ New Zealanders who have concerns about COVID-19 vaccine safety. The Authority found the broadcast was accurate in reporting on COVID-19 related events, and did not treat Liz Gunn, a prominent figure known for her vaccine hesitant perspectives, or other persons referred to unfairly. The discrimination and denigration, and balance standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration, Balance...

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported that the Sky World building, a multi-storey entertainment complex in central Auckland, had not been issued with a warrant of fitness in 435 days, and that the building remained open throughout that time, with the knowledge of Auckland Council, despite critical fire safety compliance issues. The item (which was broadcast on free-to-air television as well as on radio) included footage of the reporter attempting to contact the owner of the complex, ‘A’, visiting his home and offices, where he spoke to two employees, ‘X’ and ‘Y’. JNJ Management made a direct privacy complaint to the Authority, submitting that these segments breached the privacy of A and his employees....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Summary[This summary does not form part of the decision. ]The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. The Authority declined to determine a complaint alleging that the choice of speaker was ‘improper’ because she was ‘very corrupt’, on the basis that it was vexatious. The complainant continues to refer complaints of a similar nature to the Authority which do not warrant determination. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. [2] Allan Golden complained that the ‘adulation’ of the speaker contained in the programme was ‘improper’ because she was ‘very corrupt’. He alleged this breached the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

Summary [This summary does not form part of the decision. ]During a discussion on Summer Noelle about current events in Japan, a foreign correspondent commented that whale meat in Japan was ‘quite cheap’, and that the Senkaku Islands were ‘fairly meaningless’. The Authority did not uphold the complaint that these comments were inaccurate, as they were clearly the personal opinions and analysis of the correspondent. Not Upheld: AccuracyIntroduction[1] During a discussion on Summer Noelle about current events in Japan, a foreign correspondent made comments about the price of whale meat, and the Senkaku Islands. The programme was broadcast on Radio New Zealand National on 8 January 2014. [2] Masaru Hashimoto made a formal complaint to Radio New Zealand Ltd (RNZ), alleging that the foreign correspondent’s comments were inaccurate....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryAccording to a news item broadcast on National Radio on 30 October 1998 at 9. 00pm, those who escaped from a fire in Sweden included refugees from Macedonia and Somalia. The secretary of the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate and untruthful. Furthermore, it complained, the bulletin was an outright lie, as there were no refugees from Macedonia. The Community argued that the item was unbalanced and unfair because it favoured those who were of the view that the Former Yugoslav Republic of Macedonia could legitimately be called Macedonia. RNZ responded that it had received complaints on previous occasions regarding the use of the name Macedonia, and that it had nothing further to add to its previous responses....

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

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…...