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Battye and Radio New Zealand Ltd - 1995-045
1995-045

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 45/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUSAN BATTYE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Hector and Radio New Zealand Ltd - 2018-020 (21 May 2018)
2018-020

Summary[This summary does not form part of the decision. ]An item on The Panel featured an interview with the Prime Minister’s partner and regular guest on the programme, Clarke Gayford. The interview focused on the Prime Minister’s recent pregnancy announcement and parenthood. At the beginning of the interview, Mr Gayford was introduced as the ‘Prime Minister’s partner’. The complainant submitted that the broadcast was inaccurate and misleading because Mr Gayford should have been introduced as the Prime Minister’s ‘publicist’. The Authority declined to determine the complaint on the basis it was frivolous and trivial and did not reach the threshold for being considered under the accuracy standard. Declined to Determine: Accuracy Introduction[1] An item on The Panel featured an interview with the Prime Minister’s partner and regular guest on the programme, Clarke Gayford....

Decisions
Woods and Radio New Zealand Ltd - 2023-047 (30 August 2023)
2023-047

The Authority has not upheld a complaint an episode of Story Time, involving a reading of ‘Sight for Sore Eyes’ followed by comments from the announcer, breached the discrimination and denigration standard. The story was about a man in Eritrea suffering from trachoma, which was deteriorating his vision, who had his vision restored by a visiting eye doctor, Dr Fred Hollows. The announcer then recounted her, and a listener’s, experiences with the Fred Hollows Foundation. The complainant considered the broadcast used ableist language, implying blind people ‘require fixing’. The Authority found the language did not have this effect, was in keeping with the context of a fictional story about the treatment of preventable blindness, and did not carry any malice. Therefore the broadcast did not reach the threshold for breaching the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Decisions
Hart and Radio New Zealand Ltd - 2024-002 (8 April 2024)
2024-002

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...

Decisions
Shepherd and Radio New Zealand Ltd - 2005-089
2005-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

Decisions
Golden and Radio New Zealand Ltd - 2004-124
2004-124

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....

Decisions
Callman and Radio New Zealand Ltd - 2006-002
2006-002

Complaint under section 8(1)(a) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about restrictions on the behaviour of people acting as Father Christmas – presenter said she “scared the bejesus out of a number of kids” acting as “Mrs Claus” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] On Thursday 8 December 2005, a panel discussion was held between 4 and 5pm on National Radio, during Afternoons with Jim Mora, about the strict rules surrounding acceptable conduct for people acting as Father Christmas. A member of the panel said she had once acted as “Mrs Claus” and had unintentionally “scared the bejesus out of a number of kids”....

Decisions
Walls and Radio New Zealand Ltd - 2022-025 (18 May 2022)
2022-025

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...

Decisions
Cumin and Radio New Zealand Ltd - 2015-020
2015-020

Summary[This summary does not form part of the decision. ]Afternoons featured an interview with the author of a recently published book about life in Scandinavia. The Authority did not uphold a complaint that a statement in the introduction to the interview that two people were killed at a free speech forum in Copenhagen was inaccurate because one of the victims was killed at a synagogue. The segment was not news, current affairs or a factual programme to which the accuracy standard applied. In any event, the statement did not constitute a material inaccuracy in the context of the item as a whole. Not Upheld: Accuracy Introduction[1] Afternoons featured an interview with the author of a recently published book, The Almost Nearly Perfect People: Behind the Myth of the Scandinavian Utopia....

Decisions
Ong and Radio New Zealand Ltd - 2022-029 (6 July 2022)
2022-029

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...

Decisions
Lee and Radio New Zealand Ltd - 2017-088 (16 February 2018)
2017-088

Summary[This summary does not form part of the decision. ]A segment on Morning Report discussed one Auckland individual’s challenge to Auckland Council to open a discussion about removing or altering a monument to Colonel Marmaduke Nixon in Ōtāhuhu. The item briefly summarised Colonel Nixon’s role in colonialism and in the Waikato land wars, including the invasion of Rangiaowhia. The Authority did not uphold a complaint that the item lacked balance and was inaccurate in its account of the events at Rangiaowhia. The Authority found the item did not purport to provide a comprehensive examination of what occurred at Rangiaowhia. Rather, the item focused on one individual’s challenge to the Council to consider removing or altering the monument. In this context, it was not required in the interests of either balance or accuracy to present alternative accounts of the historical events....

Decisions
Brooke and Radio New Zealand Ltd - 2000-001
2000-001

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Hearn and Radio New Zealand Ltd - 2020-001 (16 June 2020)
2020-001

The Authority upheld a complaint that a broadcast of First Up was misleading and breached the accuracy standard. The Authority found the quiz question ‘what charges did Sweden drop last week against WikiLeaks founder, Julian Assange? ’ was misleading, as charges were never formally laid against Mr Assange. The Authority also found that RNZ did not make reasonable efforts to ensure the accuracy of the broadcast noting that the error was careless. The Authority did not make any orders on this occasion. Upheld: Accuracy No Orders...

Decisions
Mundy and Radio New Zealand Ltd - 2002-202
2002-202

ComplaintNational Radio – news item – warning about miracle healing claims advertised by evangelist Weston Carryer – unfair FindingsPrinciple 5 – news item – based on exercise of statutory power – not unfair to Weston Carryer – no uphold This headnote does not form part of the decision. Summary [1] A warning about the services advertised by faith healers was reported in a news item on National Radio at 6. 00am on 17 September 2002. The item was based on a statement made by Health and Disability Commissioner, Ron Paterson, who referred to the miracle healing claims advertised by evangelist, Weston Carryer. [2] Reg Mundy complained to Radio New Zealand Ltd, the broadcaster, that the item was unfair to Mr Carryer as the Commissioner had made the statement without conducting an investigation or obtaining any evidence to validate the statement....

Decisions
Watkin and Radio New Zealand Ltd - 2022-091 (22 November 2022)
2022-091

The Authority has not upheld a complaint that an interview on Morning Report following the US Supreme Court decision overturning Roe v Wade (regarding rights to abortion) breached the balance standard. The complainant alleged the broadcast was unbalanced as both interviewees chosen were from the ‘pro-choice’ perspective, and the ‘pro-life’ point of view was not mentioned, nor a ‘pro-life’ interviewee included. The Authority found that while abortion access and related laws constitute a controversial issue of public importance, the full broadcast (in particular the news report immediately prior covering reactions in the US) included viewpoints from both sides of the issue. Further, the nature of the issue is such that the public can reasonably be expected to be aware of the major perspectives in the debate through ongoing media coverage. Not Upheld: Balance...

Decisions
Hector and Radio New Zealand Ltd - 2023-086 (7 November 2023)
2023-086

The Authority has declined to determine a complaint alleging an item on Nine to Noon breached the offensive and disturbing content standard, due to a presenter using the expression ‘effing annoying’ when describing a character in a book review. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine this complaint.   Declined to Determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

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
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
Gibbs and Radio New Zealand Limited - 2024-081 (18 December 2024)
2024-081

The Authority has not upheld a complaint that a brief Nine to Noon segment discussing the latest developments in a site investigation at the former Ivon Watkins-Dow (Dow) chemical plant in Paritūtū, New Plymouth lacked balance and accuracy. Noting the nature of the programme, the perspectives included in it and other media, and that the period of current interest for issues at Paritūtū was ongoing, the Authority found reasonable efforts were made to present significant viewpoints. The Authority also found none of the matters alleged to be inaccurate or misleading were materially inaccurate or misleading in the context. Not Upheld: Balance, Accuracy...

Decisions
Ellis and Radio New Zealand Ltd - 2023-083 (29 November 2023)
2023-083

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

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