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Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Go Girls – included brief shot of two men kissing – allegedly in breach of children’s interests and controversial issues standardsFindingsStandard 9 (children’s interests) – kiss was brief and innocuous – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] A promo for the comedy-drama series Go Girls included a brief shot of two men kissing. The promo screened during the host programme Masterchef: The Professionals – Australia which was classified G (General), and was broadcast at about 5. 15pm on 4 June 2013 on TV One. [2] Katherine Hindson made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging the footage of two men kissing was inappropriate to screen during children’s viewing times. [3] Ms Hindson raised the controversial issues and children’s interests standards....

The Authority has not upheld a complaint that a 1 News segment on the Military’s bid to replace two 757 planes breached broadcasting standards. The complainant alleged statements – linking Prime Minister Jacinda Ardern ‘hitching a ride’ on the Canadian Prime Minister’s VIP plane, with the ability and age of the Air Force’s 757s – breached the accuracy, balance, and fairness standards, due to the failure to include the Prime Minister’s full statement on why she caught the flight. The Authority found the broadcast was materially accurate, and the balance standard did not apply as the complainant’s concerns did not relate to a controversial issue of public importance. The broadcast was not unfair to Ardern.   Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint alleged the segment breached the accuracy standard as the report inaccurately described the composition and safety of the vaccine. The Authority found it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In any event, the segment was materially accurate. Not Upheld: Accuracy...

The Authority has not upheld a complaint that two 1News segments on the Israel and Hamas war breached the promotion of illegal or antisocial behaviour standard. The segments included images of covered bodies, as well as clips of Hamas militants. The Authority found the segments to be straightforward news reports. It did not consider the segments encouraged viewers to break the law or promoted illegal or criminal activity. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

The Authority has not upheld complaints an item on 1 News reporting on events the day of Kellie-Jay Keen-Minshull’s (also known as Posie Parker) Auckland rally, including her decision to abandon the event, breached the balance standard. The complainants were concerned with: the item’s description of Parker as ‘anti-trans’; the lack of interviewees supporting Parker in the reports; and the ‘attitude and tone of reporters’ covering the story. The Authority found the item was sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views). Further, the standard is not directed at ‘bias in and of itself’, meaning broadcasters are entitled to present matters from particular perspectives or with a particular focus. Not Upheld: Balance...

The Authority has not upheld a complaint that a 1 News item, reporting on the sustainability implications of the Government’s programme providing free period products to schools, breached the offensive and disturbing content broadcasting standard. The broadcast outlined types of sustainable period products and included a demonstration on how to wash period underwear, using red-tinted liquid. The Authority found the content was within audience expectations of the item, and news programming more generally, and unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

The Authority has not upheld a complaint about an interview with National Party Leader Christopher Luxon on Q+A with Jack Tame. The complaint alleged Tame was disrespectful and hostile to Luxon, and asked invasive personal questions, in breach of the fairness, balance and accuracy standards. The Authority did not consider Tame’s questions or comments went beyond a level of robust scrutiny or challenge that could reasonably be expected in an interview with the Leader of the Opposition on their party’s policies, particularly in the lead-up to a general election, and therefore the fairness standard was not breached. The complaints under balance and accuracy each concerned matters not addressed by the relevant standard. Not Upheld: Fairness, Balance, Accuracy...

The Authority has not upheld a complaint an episode of Sunday breached the complainant’s privacy, and was unfair to the complainant, by broadcasting an image taken on the complainant’s property. The Authority found the complainant was not identifiable for the purposes of the privacy standard, and was not ‘referred to’ in the broadcast for the purposes of the fairness standard. Not Upheld: Privacy, Fairness...

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint an item on 1 News, reporting on the destruction of the Kakhovka Dam in the region of Kherson, Ukraine, incorrectly attributed responsibility for the incident, and shelling of the region after the incident, to Russia. The Authority noted the broadcast did not state, either expressly or implicitly, who was responsible for the dam’s destruction. Further, while the Authority acknowledged the broadcast may have implied Russia was responsible for some shelling in the Kherson region, this suggestion was not inaccurate, and the broadcast did not state Russia shelled the region after the dam’s destruction. It accordingly found no breach of the accuracy standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint alleging a clarification broadcast by 1News, stating ‘Israel says it does not target civilians in any of its actions’, breached the accuracy standard because the statement was a ‘blatant inaccuracy’. The Authority found the broadcast did not state as fact that Israel does not target civilians. It accurately reported Israel’s official position and clearly attributed the statement to Israel. Not Upheld: Accuracy...

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

The Authority has declined to determine a complaint that 1News’ ANZAC Day bulletin, which included coverage of Māori soldiers, the 28th Māori Battalion and a pre-recorded story by 1News’ Māori Affairs Correspondent, breached the discrimination and denigration, balance and fairness standards. The Authority considered the relevant content appropriate to the context of the broadcast, which marked the first ANZAC Day without a surviving member of the 28th Māori Battalion. It also found the complaint reflected the complainant’s own personal preferences on a matter for the broadcaster’s editorial discretion and did not raise any issues of broadcasting standards that warranted determination. Declined to determine (section 11(b), Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint a 1News segment on James Shaw’s decision to resign as co-leader of the Green Party breached the accuracy, balance, and fairness standards for including a statement from former Prime Minister Chris Hipkins that emissions had decreased for three years in a row. The Authority found the statement was not a material fact likely to impact the audience’s understanding of the broadcast as a whole – which was focussed on Shaw’s resignation and legacy and not on emissions levels. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance and Fairness...

The Authority has not upheld two complaints that it was inaccurate for a 1News reporter to state ‘[The International Court of Justice] so far has said it's plausible that genocide is happening on the ground in Gaza’. The complainants alleged the court’s ruling only stated Palestinians had plausible rights to be protected from genocide, rather than finding genocide was plausible. The Authority found the nature of the ICJ ruling represented a statement of fact to which the standard applied, but did not consider the statement was materially misleading taking into account the legal technicalities in the ruling and the subsequent clarification, the continued debate around the ICJ’s ‘plausibility’ test, and the context of the item. Not Upheld: Accuracy...

The Authority has not upheld a complaint alleging a 1News item on a Donald Trump campaign rally breached the promotion of illegal or antisocial behaviour standard. The complaint was that the item portrayed Trump, his supporters and the Trump campaign in a positive light, while failing to mention his participation in election denial; as a result, the segment could encourage some viewers to participate in election denial. The Authority found this was a straightforward news item covering Trump’s campaign rally, before offering typical political commentary from the US Correspondent on Trump’s election chances. The broadcast did not promote or glamorise illegal or antisocial activity, nor encourage New Zealand voters to engage in election denial. Not Upheld: Promotion of Illegal or Antisocial Behaviour...