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Privacy Commissioner and Radio New Zealand Ltd - ID2021-090D (27 October 2021)
ID2021-090D

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...

Decisions
Brown and Radio New Zealand Ltd - 2022-041 (21 June 2022)
2022-041

The Authority has not upheld a complaint alleging an item on RNZ National’s 1pm News bulletin lacked balance. The item reported on economist Dr Eric Crampton’s support for the National Party’s policy to retract Labour’s extension to the bright-line test for people selling investment properties. The complainant alleged the item lacked balance as RNZ had interviewed Dr Crampton and another expert earlier in the day on the matter, but only Dr Crampton’s views were re-broadcast as part of the 1pm news update. The Authority did not uphold the complaint, finding the item clearly signalled it was focussed on Dr Crampton’s views and did not purport to be an in-depth examination of Labour’s decision to extend the bright-line test. Further, given other wide-ranging coverage on the issue, listeners could reasonably be expected to be aware of other views. Not Upheld: Balance...

Decisions
Punnett and Radio New Zealand Ltd - 2009-011
2009-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Crouch and Radio New Zealand Ltd - 1998-155
1998-155

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....

Decisions
Stopford and Radio New Zealand Ltd - 2020-075 (14 October 2020)
2020-075

An episode of The Panel included an interview with a professor from the department of preventive and social medicine, whose focus is respiratory epidemiology, about his research on the effects of smoking cannabis on the lungs. The Authority did not uphold a complaint that the interview breached the accuracy and balance standards. The Authority did not consider the accuracy standard applied as the interview was a short conversation about the findings of the study where the interviewee was clearly giving his own perspective and analysis, having conducted his own research on the topic. The Authority accepted that the wider debate about cannabis legalisation is a controversial issue of public importance, of which the interview was narrowly focussed on one aspect (the alleged health effects)....

Decisions
Sorrell and Radio New Zealand Ltd - 1994-105
1994-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 105/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Graham and Radio New Zealand Ltd - 2017-049 (4 September 2017)
2017-049

Summary[This summary does not form part of the decision. ]A radio play, Playing With Fire, was broadcast on RNZ National on 22 and 26 February 2017, around the time of the Port Hills fires in Christchurch. The play followed a family as they were evacuated from their home in rural Canada due to a forest fire. The focus of the story was the struggling relationship between married couple Judy and Arnold, and its effect on their son, Daniel (who was described as having learning difficulties). The Authority did not uphold a complaint that the broadcast of this play, around the time of the Port Hills fires, was in poor taste. Programme selection and scheduling decisions were ultimately at the discretion of the broadcaster, and the Authority recognised the high value of the fictional work in terms of the right to freedom of expression....

Decisions
Gould and Radio New Zealand Ltd - 2020-070 (16 December 2020)
2020-070

The Authority has not upheld a complaint under the balance standard concerning an RNZ news item reporting on fires at cell phone towers in Auckland. The item noted in Britain dozens of cell towers have been set alight reportedly by people who believe 5G technology was spreading COVID-19. The complaint was that the item should also have pointed out the ‘existence of serious and responsible groups who peacefully oppose 5G’. The Authority found the item was a brief, straightforward news report which did not amount to a ‘discussion’, therefore the balance standard and the requirement to present alternative viewpoints did not apply. Not Upheld: Balance...

Decisions
Thwaites and Radio New Zealand Limited - 2021-078 (22 September 2021)
2021-078

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

Decisions
Drinnan and Radio New Zealand Ltd - 2021-083 (22 September 2021)
2021-083

The Authority has not upheld a complaint alleging an interview with Waikato University senior lecturer in psychology Dr Jaimie Veale was inaccurate and unbalanced. While the item discussed a controversial issue of public importance, the selection of a transgender woman to the New Zealand Olympic team, it was clearly signalled as coming from a particular perspective. It focused on one aspect of the issue, the potentially stigmatising effect of the debate on trans people, and was part of a range of media coverage on the issue. The Authority also found there was nothing inaccurate or misleading in the way Dr Veale was introduced. Not Upheld: Balance, Accuracy...

Decisions
Hector & Casey and Radio New Zealand Ltd - 2021-052 (2 August 2021)
2021-052

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...

Decisions
Phillips and Radio New Zealand Ltd - 2005-033
2005-033

The Chair, Joanne Morris, declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989The Treaty Debate – three broadcasts over three weeks – covered various viewpoints on The Treaty of Waitangi and Māori issues – allegedly unbalancedFindings Principle 4 (balance) – programmes intended to provoke debate and discussion – not a definitive discussion on all aspects of the Treaty of Waitangi – period of current interest remains open – not upheldThis headnote does not form part of the decision. Broadcast [1] Radio New Zealand Limited broadcast The Treaty Debate on National Radio in three one-hour broadcasts on the 13th, 20th and 27th of February 2005. [2] The debates were part of a public lecture series recorded at Te Papa Tongarewa....

Decisions
Anderton and Radio New Zealand Ltd - 2004-081
2004-081

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....

Decisions
McCracken and Radio New Zealand Ltd - 2022-099 (22 November 2022)
2022-099

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

Decisions
Van Der Merwe and Radio New Zealand Ltd - 2023-072 (7 November 2023)
2023-072

The Authority has not upheld a complaint about a news report on RNZ National on Prime Minister Chris Hipkins’s then upcoming meeting with President Volodymyr Zelenskyy. The complaint said the broadcast breached the balance and fairness standards by focusing on Ukraine’s intended usage of cluster munitions without canvassing Russia’s aggression and use of the munitions. The Authority found the nominated standards did not apply. It considered the issue was not discussed (as contemplated under the balance standard) and, in any event, the balance standard would not have required the presentation of additional perspectives in such a broadcast. The fairness standard did not apply as Ukraine, as a nation, was not an organisation (for the purposes of the standard). Not Upheld: Balance, Fairness...

Decisions
Family First New Zealand and Radio New Zealand Ltd - 2021-046 (2 August 2021)
2021-046

The Authority did not uphold a complaint about four items on Morning Report covering an open letter to Government calling for ‘a major overhaul of the drug laws’. The Authority found the items did not breach the balance standard, as, while they discussed a controversial issue of public importance to which the balance standard applied, a reasonable range of perspectives were included, particularly given they were reporting on the publication of the open letter. In the context of items covering a challenge to the status quo, and when debate around drug reform is an ongoing issue in New Zealand, it was unlikely that listeners would have been left uninformed or unaware there were other perspectives on this issue. Not Upheld: Balance...

Decisions
Waikato District Health Board and Radio New Zealand Ltd - ID2021-090G (14 December 2021)
ID2021-090G

The Authority has made the following directions in respect of the Waikato District Health Board’s referral: declined to accept the two affidavits submitted as part of the WDHB’s complaint invited the WDHB to provide alternative evidence to support its complaint referral, with reference to the formats outlined at paragraph [8] by 24 January 2022 asked RNZ to identify information it wishes to rely on by 24 January 2022, and the WDHB to provide confirmation as to whether such information is in dispute or can be accepted as correct within a further 10 working days invited any further comment from the parties regarding the management of these issues by 24 January 2022....

Decisions
Te Ora Hou Ōtautahi Incorporated and Radio New Zealand Limited - 2021-082 (22 September 2021)
2021-082

The Authority has not upheld a complaint under the balance standard about an interview on Nine to Noon. The complaint was that the interview about the subject of the truancy service system in schools only canvassed a single perspective. Considering the interview was signalled as approaching the issue from a particular perspective, the perspectives presented were criticism of the status quo, and the period of current interest is still ongoing, it is unlikely listeners would be left misinformed by the broadcast or unaware there were other perspectives on the issues discussed. Not Upheld: Balance...

Decisions
Ong and Radio New Zealand Ltd - 2021-086 (13 October 2021)
2021-086

An item on RNZ’s Midday Report covering reports of violence against protesters at Kennedy Point Marina included interviews with a protester, and the developer of the site. The Authority has not upheld a complaint the item breached the balance and fairness standards. The Authority found the item presented a reasonable range of perspectives and developer Kitt Littlejohn was given a fair and reasonable opportunity to present his point of view. Given the level of public interest in the item, Mr Littlejohn, in his position, could reasonably expect the media’s scrutiny and the programme was unlikely to leave listeners with an unduly negative impression of him. Not Upheld: Balance, Fairness...

Decisions
Fudakowski and Radio New Zealand Ltd - 1994-004
1994-004

SummaryThe subject of liable parent contributions was discussed on Nine to Noon on 3 August1993 and unemployment on Morning Report on 13 August 1993. Mr Fudakowski complained to Radio New Zealand Ltd that the dissenting view given in thediscussion about liable parents was unsourced and therefore was neither balanced norimpartial. With respect to the second item, he complained that comments about theinevitability of long-term unemployment were deeply offensive and lacked balance andobjectivity. In response, RNZ denied that the news items encouraged discrimination against anygroup, or that they were so lacking in balance that they were in breach of broadcastingstandards. Pointing out that the items contained expressions of opinion about matters ofpublic interest, RNZ explained that it could find no justification for the contention that thereporting of those statements imposed an obligation on the broadcaster to undertake anin-depth investigation into the subjects discussed....

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