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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-101:McElroy and Television New Zealand Ltd - 1993-101 PDF468. 14 KB...

Download a PDF of Decision No. 1992-039:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-039230. 45 KB...

Download a PDF of Decision No. 1990-001:Turner and Television New Zealand Ltd - 1990-001 PDF280. 04 KB...

Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Summary[This summary does not form part of the decision. ] Over two evenings on 6 and 7 November 2017, 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference (COP23), presided over by Fiji. During the 6 November 2017 broadcast, a segment titled ‘Rising Sea Levels’ focused on the relocation of Vunidogoloa in Fiji two kilometres inland. The ‘threat’ of ‘rising sea levels’ was revisited during an item on 7 November 2017, which focused on Kiribati purchasing higher ground in Fiji. The Authority did not uphold complaints from two complainants that these broadcasts were inaccurate and unbalanced on the basis there had been little or no rise in sea levels in Fiji or Kiribati. These items focused on Fiji’s position that it was particularly vulnerable to the impacts of climate change, including rising sea levels....

The Authority did not uphold a complaint that comments during a documentary on New Zealand’s involvement in the World War I military campaign in Gallipoli breached the discrimination and denigration standard. In the broadcast, one of the presenters was shown a photograph of a woman behind bars, in the context of a conversation about prostitutes being available for troops stationed in Egypt. The presenter then made a derogatory comment about the appearance of the woman. The complainant submitted the comments made in the broadcast denigrated both women and sex workers. The Authority acknowledged that the comment regarding the woman’s appearance in particular, which also diminished the seriousness of some women’s experiences in World War I, was insensitive and unnecessary, and would be considered sexist and offensive to some viewers....

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading. Not Upheld: Accuracy...

The Authority has not upheld a complaint that reality dating show Naked Attraction, broadcast after 10pm on TVNZ 2, was indecent and should not be shown on television. In the show, potential love interests are introduced by gradually revealing their naked bodies, from the feet up (un-pixelated). With reference to previous decisions on earlier episodes of the programme, the Authority found that while the programme may not have been to everybody’s taste, ample information was available to enable viewers to make a different viewing choice. In the context there was no harm caused which justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...

The Authority has not upheld two complaints about an interview on Q+A with Jack Tame with recently-appointed Prime Minister Chris Hipkins, covering a wide range of topics. One complaint alleged Tame was rude and disrespectful in his interviewing style and showed ‘complete disregard for the position of the country's Prime Minister’. The other complaint alleged comments made by Tame about former Prime Minister Jacinda Ardern’s strengths particularly in the foreign policy sphere (including that she appeared on the cover of Vogue and had ‘soft power’) amounted to ‘misogyny’ by suggesting this was due to her looks, and reflected ‘bigoted views towards women’. The Authority found Tame’s interview style and questioning did not go beyond the level of robust scrutiny or challenge that could reasonably be expected in an interview with the Prime Minister on issues of high public importance....

The Authority has declined to determine a complaint alleging an episode of Seven Sharp breached the offensive and disturbing content standard, as one of the hosts used the phrase ‘bloody good buggers’. 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 the complaint. Declined to determine (section 11(b) in all the circumstances): Offensive and Disturbing Content...

The Authority declined to determine a complaint that an episode of Country Calendar depicted cruelty towards animals. The episode focused on the work of the Fiordland Wapiti Foundation and the Foundation’s conservation work. It included footage of Wapiti deer being hunted and shot from a helicopter, collected, and processed at an abattoir. The Authority has consistently found that hunting is a reality of life in Aotearoa New Zealand, and the depiction of hunting footage is generally acceptable provided it does not depict undue cruelty. The Authority did not consider this broadcast included any such footage justifying a departure from these findings. Declined to determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

A promo for James Must-a-pic His Mum a Man aired during the programmes The Chase at 5. 10pm and 1News at 6. 50pm on TVNZ 1. The 14-second promo featured James Mustapic and Art Green sitting at opposite ends of a bathtub, with Mustapic asking Green for dating advice on behalf of his mum. The Authority did not uphold a complaint the promo breached the children’s interests standard due to nudity, noting only their chests and legs were visible, and there was no suggestion of sexual behaviour. In the context, the Authority found the promo was consistent with a G classification and would not have adversely affected children. Not Upheld: Children’s Interests...

The Authority has not upheld a complaint a 1News item breached the discrimination and denigration, and accuracy standards by stating allegations of a ‘white genocide’ in South Africa were a ‘conspiracy theory’ and omitting to include footage shown by United States President Donald Trump to South African President Cyril Ramaphosa. The Authority found the statement and omission of footage were not materially misleading because the ‘white genocide’ allegations have been repeatedly debunked and widely discredited, with numerous sources calling the allegations a ‘conspiracy theory’. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy...