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An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

The Authority has not upheld a complaint that a Checkpoint report breached the accuracy and balance standards by stating attacks against 5G cell towers internationally were due to ‘widely debunked conspiracy theories, linking telecommunications technology to illness, including COVID-19’.  The Authority found the statement was unlikely to significantly affect listeners’ understanding of the segment and the balance standard did not apply, as the broadcast was not a discussion regarding the safety of 5G technology.   Not Upheld: Accuracy and Balance...

Complaint under section 8(1A) of the Broadcasting Act 1989Spectrum – reported on The Nelson Ark APART programme – presenter interviewed graduates, including a young woman, about their involvement in the programme – woman was asked about her background and how she came to be on the programme – allegedly in breach of her privacy FindingsStandard 3 (privacy) – woman was not identifiable for the purposes of the privacy standard – woman did not say she was raped, as alleged – no private facts were disclosed in a manner that would be considered highly offensive – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] An item on Spectrum reported on The Nelson Ark APART programme, an eight-week dog training course designed to teach young people discipline, compassion and tolerance through empathy....

Download a PDF of Decision No. 1993-128:Colina and Radio New Zealand Ltd - 1993-128 PDF392. 47 KB...

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with the CEO of the New Zealand Superannuation Fund. The Authority declined jurisdiction to accept and consider a complaint that this interview did not address issues of corruption within the Fund, finding the complaint raised matters of editorial discretion and personal preference rather than broadcasting standards, and the broadcaster was therefore correct to not accept it as a valid formal complaint. Declined JurisdictionIntroduction[1] An item on Nine to Noon featured an interview with the Chief Executive of the New Zealand Superannuation Fund (the Fund). [2] Allan Golden complained to Radio New Zealand that the segment ‘praised the earnings performance’ of the Fund with no justification....

The Authority did not uphold a complaint regarding an episode of The Detail which investigated the New Zealand Film Commission’s management of a conflict of interest relating to its CEO at the time. The complainant considered the broadcast breached the balance and accuracy standards by not discussing the ‘significance of NZ On Air’s’ role in this matter. The Authority considered the complaint largely constituted a matter of personal preference, which is not capable of being resolved by a complaints procedure. Further, the proposed detail was additional to, rather than inconsistent with, any perspective presented in the broadcast so its absence was unlikely to misinform listeners. Not Upheld: Balance, Accuracy...

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

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...

The Authority has not upheld a complaint that a story called “A Hāngī for my Birthday,” which was read out on Storytime on RNZ National, breached the children’s interests and offensive and disturbing content standards. The story was told from the perspective of a young child whose birthday was that day, and who helped his family prepare a hāngī for dinner. The complaint was that a part of the story where the family buy and kill hens to cook in the hāngī was unsuitable for children. The Authority acknowledged the story contained challenging themes on where meat comes from and that some of the descriptions, including the hens in cages, and being pulled out by the legs and stuffed in boxes, alluded to possible mistreatment of the animals....

The Authority has not upheld a complaint that an RNZ News bulletin reporting on the arrest of Kiritapu Allan, and political commentators’ views on the implications for Labour’s election chances, breached the balance and fairness standards. The complaint considered the item favoured two ‘negative’ opinions that were ‘noticeably biased against the Labour government’ and ignored a ‘positive’ balancing view available ‘just minutes earlier’ from Minister James Shaw. The Authority found the item was balanced, having included alternative significant perspectives just prior to the news bulletin. The fairness standard did not apply to the concern of how a ‘situation’ is presented, and in any event, the Authority did not consider either Allan or the Labour Party were treated unfairly. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint about an interview with Dame Jacinda Ardern on RNZ National, in which presenter Jesse Mulligan used the word ‘prick’ when asking Ardern about a past comment she made in Parliament. The complaint alleged the use of this language breached multiple standards. The Authority found it was low-level language that would not have surprised or offended most listeners in the context or alarmed or distressed any children who happened to be listening. The remaining standards did not apply.   Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal and Antisocial Behaviour, Discrimination and Denigration, Balance...

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....

Download a PDF of Decision No. 1993-107:Fudakowski and Radio New Zealand Ltd - 1993-107 PDF483. 7 KB...

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

Warning: This decision contains language some readers may find offensive.   The Authority has not upheld a complaint under multiple standards about an episode of “It’s Personal with Anika Moa”, including the f-word and other swear words.  In the context, including the ‘colourful language’ warning preceding the broadcast, the Authority found it was unlikely to cause widespread disproportionate offence or distress, and audiences were provided with sufficient opportunity to protect children in their care from hearing inappropriate content.  The Authority also found the swearing was unlikely to promote the behaviours contemplated under the promotion of illegal or antisocial behaviour standard. Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour...