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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 60/94 Dated the 1st day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM and JENNY JACOBSEN of Putaruru Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Loates...

Summary [This summary does not form part of the decision. ] A One News item reporting on Family Planning’s call for sex education in schools for younger children, included brief footage of Miley Cyrus’ performance at the 2013 MTV Video Music Awards. Consistent with two previous decisions, the Authority did not uphold complaints that the footage was inappropriate to show during the news. Given recent widespread publicity of the performance, it was a relevant example of the kind of sexualised images Family Planning was concerned younger audiences were being exposed to. Unclassified news programmes often contain material unsuitable for children and some adult supervision is expected. Not Upheld: Good Taste and Decency, Children’s Interests, Controversial Issues Introduction [1] An item on One News reported on Family Planning’s call for sex education in schools for younger children....

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...

The Authority has not upheld a complaint that an episode of Country House Hunters New Zealand breached the accuracy standard. In the episode, the host showed a couple around three houses in Greytown, each of which had ‘for sale’ signs on their fences indicating they were for sale through a particular real estate agency. The complainant considered it was misleading that the broadcaster did not disclose two of the houses were actually ‘off-market’ sales, and citing values for these houses would have given viewers an inflated impression of the market value of the houses, and the Greytown property market generally....

The Authority has not upheld an accuracy complaint about a 1News segment on the dangers of crossing sand bars. In the segment, a Coastguard representative said, ‘We recommend crossing the bar at high or low tide, so we can try and take the current out of the equation’. The complaint alleged the recommendation to cross at low tide was ‘wrong’ and ‘dangerous’ and Coastguard were not an authoritative source regarding maritime matters. The Authority considered there were reasonable arguments for a finding the statement was not materially inaccurate in the context of the broadcast. The segment’s overall emphasis was on the dangers and complexity in crossing sand bars, and the statement addressed just one of several risk factors mentioned. In any event, the Authority found it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 49/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER MINNIS of Marton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 107/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-011 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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 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...

The Authority has declined to determine a complaint an item on 1 News was unbalanced for raising the possibility that Labour could lose the 2023 election. The balance standard did not apply to the concerns raised, and the broadcaster adequately responded to the concerns in the original complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance...

Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....

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 not upheld an accuracy complaint about a 1News segment that reported, ‘Many scientists are concerned the US Health Secretary's decision to pull funding for international vaccine development may increase hesitancy and also mean future pandemics are harder to stop. ’ The complainant alleged the broadcast was inaccurate and materially misleading because it did not specify that US Health Secretary Robert F Kennedy Jr’s decision ‘was specifically about mRNA vaccines’ and  background footage of protesters was irrelevant. While broadcasts can be misleading by omission, the Authority found the item in question was not materially misleading. The brief report centred on the scientific community’s response to Kennedy’s decision and clearly identified that Kennedy’s decision did not impact all vaccines. In this context, further detail about the type of vaccines affected was not material to viewers’ understanding of the broadcast....

The Authority has not upheld a complaint concerning an item on 1News reporting on cuts to the public sector. The complainant considered the broadcast’s claim that public sector spending cuts were to help pay for the government’s tax cuts was inaccurate, unbalanced and was unfair to Minister of Finance Nicola Willis, as it fully attributed public sector funding reductions to paying for tax cuts. The Authority found no breach of the accuracy standard, noting the broadcast did not fully attribute public sector funding reductions to paying for tax cuts. It further found in a news story about the impact of the cuts, the broadcaster was not required to include reference to other reasons for better management of government funds, as well as other financial measures that would also help pay for tax cuts, as the complainant had submitted....

The Authority has not upheld a complaint that featuring Mongrel Mob gang member Harry Tam as an interviewee on Breakfast breached the discrimination and denigration and balance standards. The complainant considered the choice of interviewee was harmful to people affected by Tam and gang-related crime. The Authority found the interview did not breach the discrimination and denigration standard, noting it was not a breach of broadcasting standards to include Tam purely on the basis of his background as a gang member. It further found no breach of the balance standard as the broadcast adequately presented significant perspectives on the issue being discussed during the interview. Not Upheld: Discrimination and Denigration, Balance...

The Authority has not upheld a complaint that the use of the phrase ‘insane for the Ukraine, left hook to the brain’ by a presenter following TVNZ’s coverage of the Olympic men’s middleweight boxing final, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or distress, or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint an item on 1 News breached the complainant and her grandchild’s privacy. The item, which reported on the implications of GP shortages in Northland, included footage of the complainant and her grandchild (who was in a moonboot with crutches) leaving a medical centre, and of them in the waiting room. The Authority acknowledged the sensitive nature of health information and encouraged broadcasters to obtain the consent of persons filmed in a medical centre (particularly where children are involved). However, the Authority found there was no reasonable expectation of privacy in the particular facts disclosed (being attendance at a medical centre) noting the complainant was initially depicted outside the centre, from a public footpath, where there was no expectation of privacy. No additional information was disclosed by the subsequent footage from within the waiting room. Not Upheld: Privacy...

The Authority has declined to determine a complaint alleging 1News breached the balance standard by failing to cover comments made by Labour MP Ginny Andersen. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion. Declined to determine (section 11(b) in all the circumstances): Balance...