Search Rapua

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....

The Authority did not uphold a complaint about comments made separately by two RNZ commentators to the effect that the UK Labour Party Leader Jeremy Corbyn has ‘terrorist connections’. The complainant submitted the comments breached the balance and accuracy standards, on the basis it was wrong and offensive to suggest Mr Corbyn is a Marxist and supports terrorism, and Nine to Noon refuses to interview anyone sympathetic towards the UK Labour Party. The Authority found the comments were clearly distinguishable as comment, analysis and opinion, rather than statements of fact to which the accuracy standard applied. The Authority also found the items, in which the commentators gave their analysis of the likely and eventual outcome of the British election, did not amount to discussions of a controversial issue of public importance in New Zealand. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

A complaint that a segment on Checkpoint that discussed vaccinations was inaccurate was not upheld by the Authority. WAVESnz complained that several statements made by Professor John Fraser during the segment regarding the safety of vaccinations and the contents of vaccines were inaccurate and misleading. The Authority noted that it was not its role to determine the scientific accuracy of Professor Fraser’s statements. It found, however, that RNZ made reasonable efforts to ensure the accuracy of the broadcast, taking into account a number of factors including Professor Fraser’s reputation and the lack of any reason to question the accuracy of the views expressed by Professor Fraser. The Authority did not identify any real or potential harm and therefore found any restriction on RNZ’s right to freedom of expression on this occasion would be unjustified. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-1465 PDF165. 64 KBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with legal commentator about the Ministry of Justice’s review of the Domestic Violence Act 1995 – referred to women when talking about the victims and men when discussing the abusers – allegedly unbalancedFindings Principle 4 (balance) – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheldThis headnote does not form part of the decision. Broadcast[1] An item broadcast during Nine to Noon on Radio New Zealand National on 27 February 2008 featured an interview with a legal commentator, Catriona McLennan. Ms McLennan discussed a review, published by the Ministry of Justice, of implementation aspects of New Zealand’s Domestic Violence Act 1995....

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory application for disclosure of additional material – broadcast of allegations by an anonymous interviewee on Nine to NoonDecision on interlocutory applicationRequest for production of field tape – already offered by broadcaster – decline to determineRequest for disclosure of interviewee’s name – not required in order for Authority to determine complaints – declinedRequest for production of all relevant pre-broadcast records and documents, and emails received after the broadcast – not required in order for Authority to determine complaints – declinedThis headnote does not form part of the decision. Factual Background[1] On 12 May 2005, under the protection of parliamentary privilege, National and Act Members of Parliament accused then Associate Minister of Education, the Hon David Benson-Pope, of bullying students while he was teaching at Dunedin’s Bayfield High School in the 1980s. [2] Mr Benson-Pope categorically denied the allegations....

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....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-039 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R F ALLAN of Dunedin Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintDreams of a Suburban Mercenary – short story – offensive language – broadcaster not mindful of the effect on children FindingsPrinciple 1 – artistic work – acceptable use in context – no uphold Principle 7 and Guideline 7b – not targeted at young listeners – no uphold This headnote does not form part of the decision. Summary [1] "Dreams of a Suburban Mercenary" was the title of the short story broadcast on National Radio after the midday news on Saturday, 2 February 2002. The story included the words "fucking" and "bastard". [2] R L Bailey complained to Radio New Zealand Limited, the broadcaster, that the language breached standards relating to good taste and decency, and that the broadcaster was not mindful of the effect the broadcast may have on children....

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

The Authority has declined to determine a complaint under the good taste and decency, children’s interests and accuracy standards, about a fictional character’s description of milk in an episode of Saturday Storytime. The Authority declined to determine the complaint on the basis it was trivial and did not raise any issues of broadcasting standards at a level which warranted consideration. Declined to Determine: Good Taste and Decency, Children’s Interests, Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

The Authority did not uphold a complaint that an interview on Morning Report with Martin Sellner, the leader of an Austrian far-right group, was unbalanced or misleading. Interviewer Corin Dann questioned Mr Sellner on the donation he had received from the alleged Mosque attacker and Mr Sellner’s choice to give some of the money to Victim Support, a charity assisting victims of the Mosque attacks. In response to other questions, Mr Sellner also provided some comment regarding his ideologies. During the interview, Mr Dann questioned whether Mr Sellner had a role in radicalising the alleged attacker and whether Mr Sellner felt any responsibility for the attacks. The Authority found that the balance standard was not breached considering the clear approach of the broadcast, focussing on the perspective of Mr Sellner, the introduction prior to the interview and Mr Dann’s questioning of Mr Sellner....

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...

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

The Authority has not upheld a complaint under the balance and accuracy standards about a series of Radio New Zealand broadcasts on 26 June 2020. The items concerned the Government’s management of COVID-19 at the international border, and referred to a series of events including the failure to test 55 individuals for COVID-19 before release from quarantine as ‘border blunders’, ‘bungling at the border’, and ‘COVID botch ups’. The Authority considered the statements were not of fact but of opinion, to which the accuracy standard did not apply, and the broadcasts were unlikely to mislead listeners. The Authority considered the assessment of the Government’s management of COVID-19 at the international border to be a controversial issue of public importance, but found alternative viewpoints were included to enable listeners to arrive at an informed opinion. Not Upheld: Balance, Accuracy...

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...