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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...

ComplaintInsight – item on issues facing foreign students in New Zealand – allegation of rape by student in home-stay situation – no evidence presented to substantiate allegation – inaccurate FindingsPrinciple 6 – participants' contribution – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 12 May 2002 considered some of the issues facing overseas students living in New Zealand, including the implications on the export education industry for this country. The programme included a claim that a student had been raped while living in a home-stay situation. [2] Robin Powell complained to Radio New Zealand Limited, the broadcaster, that the claim of rape by the student had not been substantiated, and it was therefore irresponsible to have broadcast such a claim....

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a Swedish historian and author. During the interview, the presenter allegedly quoted former Finance Minister, Sir Roger Douglas. At the end of the item, the presenter also read out negative and critical comments from listeners about the interview. The Authority did not uphold a complaint that the presenter’s statement, allegedly attributed to Sir Roger Douglas, was inaccurate, and that reading out the comments received was offensive. The statement was not a material point of fact in the context of the item and would not have affected listeners’ understanding of the item as a whole, which was focused on the views and work of the interviewee. Further, listeners were unlikely to have understood the statement to be a direct quote from the former Finance Minister, and would not have been misled....

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and US Palestinian writer and journalist Dr Ramzy Baroud was not upheld. The complaint was that the interview was unbalanced because there was no alternative perspective presented to counter Dr Baroud’s views that Israel’s actions amounted to ‘incremental genocide’ of the Palestinians, among other things. The Authority found RNZ made reasonable efforts as required by the balance standard, taking into account Ms Hill’s challenging of Dr Baroud and the use of devil’s advocate questioning, and other contextual factors. The Authority acknowledged that some may not agree with the terms used by Dr Baroud during the interview, but ultimately found that restricting the broadcaster’s or Dr Baroud’s right to freedom of expression would be unjustified....

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

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...

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....

The Authority has not upheld a complaint about Sports Chat on RNZ’s Morning Report, during which the guest commentator briefly summarised violence surrounding the Maccabi Tel Aviv football match against local Dutch team Ajax in November in Amsterdam, including: ‘the Amsterdam Mayor has come out and said, look, criminals on scooters searched the city for Maccabi supporters in hit-and-run attacks. …said [they were] all antisemitic. ’ The complaint was that RNZ ‘severely distorted’ the context of the events to the point of inaccuracy; discriminated against and denigrated ‘the Amsterdam people who responded to Maccabi’s racist provocations’ and immigrants, by ‘choosing to represent this as antisemitism’; and lacked balance and fairness by excluding Amsterdam locals’ perspective. The Authority did not uphold the complaint, finding the brief summary of the Amsterdam mayor’s response was not materially misleading in the context of Sports Chat, and the remaining standards did not apply....

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...

The Authority has not upheld a complaint that an item on RNZ National’s Morning Report on 14 January 2022 breached the discrimination and denigration standard by voicing-over comments made by international students. The complainant alleged this implied that foreign students and immigrants are not easily understood due to their accents, thereby reinforcing xenophobia. The Authority found ‘international students’ and ‘immigrants’ did not constitute relevant sections of the community for the purposes of the standard. In any event, the broadcast would not have reached the threshold required for finding a breach. Not Upheld: Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on tensions between the Horowhenua Rowing Club and certain local Māori residents over the future of the club’s use of the building next to Lake Horowhenua. The Authority did not uphold a complaint that the item was inaccurate, unbalanced and unfair. The item carefully conveyed a complex issue, was not factually inaccurate and would not have misled viewers in any material respect. While the conflict surrounding the rowing club’s presence at Lake Horowhenua is a controversial issue of public importance, the item included the viewpoints of both parties and was sufficiently balanced. The item did not treat the nominated individuals unfairly, as they were not criticised and had a reasonable opportunity to give their views....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint– item allegedly contained comments from Radio New Zealand’s economics reporter – allegedly in breach of accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy), Standard 6 (fairness) and Standard 8 (responsible programming) – broadcaster unable to locate any segment which matches the comments identified by the complainant – Authority therefore unable to assess broadcasting standards against those comments – Authority declines to determine the complaint in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Allan Golden made a formal complaint to Radio New Zealand Ltd (RNZ) about a news item broadcast between 4pm and 5. 30pm on 11 July 2012....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]A media commentator on Nine to Noon made comments about the retirement of the editor of the Southland Times. The Authority declined to determine the complaint that the editor was ‘erroneously described… in glowing terms’. The complainant’s concerns about the way the editor was portrayed are matters of personal preference and editorial discretion, not broadcasting standards. The item clearly comprised personal opinion and did not require the presentation of other views. Declined to determine: Controversial IssuesIntroduction[1] During a discussion with a media commentator on Nine to Noon, comments were made about the retirement of the editor of the Southland Times. The programme was broadcast on 17 December 2013 on Radio New Zealand National....

The Authority1 has not upheld a complaint that interviews on The Detail discussing a ‘power imbalance’ between retirement village operators and residents breached the balance, accuracy and fairness standards. The complainant alleged the broadcast was unbalanced and unfair as it did not provide an alternative perspective from a retirement village operator or the industry, and the statement, ‘operators are just sitting on the weekly fee’, was inaccurate. The Authority found the broadcast was signalled as coming from a particular point of view and viewers were unlikely to expect a countering perspective in the broadcast. The Authority also found the alleged inaccurate statement was clearly distinguishable as analysis, comment or opinion and was not materially misleading. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

ComplaintSaturday Morning – Interview with David Lane of the Society for the Promotion of Community Standards – SPCS – interviewer harangued Mr Lane – unfair FindingsPrinciple 5 – interview abrasive and querulous and subject matter subject to abrupt change – however interviewee is spokesperson for activist group and allowed to express opinion – no uphold This headnote does not form part of the decision. Summary [1] Mr David Lane of the Society for the Protection of Community Standards (SPCS) was interviewed on Saturday Morning, at about 8. 15am on 13 July 2002, about contentious films. [2] Diane Ranger complained to Radio New Zealand Ltd, the broadcaster, that the interviewer shouted and sneered at Mr Lane, spoke in an insulting manner and prevented Mr Lane from putting his view. [3] In response, RNZ described the interview as robust, generally good humoured, and challenging....

ComplaintOutspoken – foreshore and seabed issue – complaint that the panel of four represented radical Maori viewpoint and item partial and unbalanced FindingsPrinciple 4 – introduction set framework – those matters canvassed during broadcast – not upheld This headnote does not form part of the decision Summary [1] The foreshore and seabed issue was addressed by a panel of four speakers during Outspoken, broadcast on National Radio between 8. 00 and 9. 00 pm on 11 November 2003. [2] Gregory Wicksteed complained to Radio New Zealand Ltd, the broadcaster, that the item was neither impartial nor balanced. The four panellists and the two presenters, he wrote, represented only the Maori radical movement. No allowance, he added, was made for the alternative viewpoint held by the majority of New Zealanders. [3] In response, RNZ said that the standards provided for balance being achieved over time....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-167 Dated the 15th day of December 1997 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 S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintArts Week on National Radio – interview with author – unbalancedFindingsPrinciple 4 – clearly author’s opinions – no controversial issue – no uphold This headnote does not form part of the decision. Summary Frances Stonor Saunders, author of "Who Paid the Piper? : The CIA and the Cultural Cold War", was interviewed on Arts Week on National Radio at 10. 06am on 28 May 2000. In the interview she expounded her thesis that the CIA, with the approval and knowledge of the American government, had financed a campaign to export American culture and its ideals of liberalism and democracy to Western Europe during the Cold War. Grahame Meikle complained to Radio New Zealand Ltd that the interview was completely lacking in balance. The basis of his complaint, he said, was that listeners were not told of the author’s background, and her statements were uncritically accepted by the interviewer....