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Decisions
Ireland and Radio New Zealand Ltd - 2023-003 (12 April 2023)
2023-003

The Authority has not upheld a complaint that a report about bomb attacks at bus stops in Jerusalem breached the balance standard. The complainant alleged that the story lacked balance as the item did not include the Palestinian perspective on the ongoing tensions in Israel and Palestine. The Authority found that the standard was not breached, as this was a straightforward news item rather than a ‘discussion’ as the standard requires, and in any case, audiences can be expected to be aware of the major perspectives of this issue. Not Upheld: Balance...

Decisions
Carran and Television New Zealand Ltd - 2021-125 (20 December 2021)
2021-125

The Authority has not upheld a complaint that an interview between Indira Stewart and Hon Judith Collins as part of Breakfast’s ‘weekly check-in’ with the Leader of the Opposition breached the balance and accuracy standards. While acknowledging the robust and heated nature of the interview, the Authority found that as the segment was an interview with the Leader of the Opposition, and provided her with the opportunity to respond at length, the balance standard was not breached. Further, while the complainant considered Stewart’s line of questioning and comments to be uninformed and inaccurate, the Authority found that these were not ‘statements of fact’ to which the accuracy standard applied. Not Upheld: Balance and Accuracy...

Decisions
Derleth and Discovery NZ Ltd - 2021-109 (20 December 2021)
2021-109

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm lacked balance. The item reported on reactions to the sentencing of a person involved in the ‘coward punch’ death of a prominent Auckland kickboxer. A person’s sentencing is not a controversial issue of public importance, so the balance standard does not apply. In any case, it was clear the item was coming from a particular perspective. Not Upheld: Balance...

Decisions
Judge and Radio New Zealand Ltd - 2023-074 (7 November 2023)
2023-074

The Authority has not upheld a complaint that an RNZ News bulletin reporting on the arrest of Kiritapu Allan, and political commentators’ views on the implications for Labour’s election chances, breached the balance and fairness standards. The complaint considered the item favoured two ‘negative’ opinions that were ‘noticeably biased against the Labour government’ and ignored a ‘positive’ balancing view available ‘just minutes earlier’ from Minister James Shaw. The Authority found the item was balanced, having included alternative significant perspectives just prior to the news bulletin. The fairness standard did not apply to the concern of how a ‘situation’ is presented, and in any event, the Authority did not consider either Allan or the Labour Party were treated unfairly. Not Upheld: Balance, Fairness...

Decisions
Short and Television New Zealand Ltd - 2023-102 (29 November 2023)
2023-102

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...

Decisions
Williamson and Television New Zealand Ltd - 2022-010 (7 March 2022)
2022-010

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

Decisions
Wilson and Sky Network Television Ltd - 2022-007 (2 March 2022)
2022-007

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

Decisions
Frost and Television New Zealand Ltd - 2021-147 (7 March 2022)
2021-147

An item on 1 News covering COVID-19 vaccination mandate protests disrupting Prime Minister Jacinda Ardern’s engagements showed a protester claiming the Pfizer vaccination was ‘experimental until 2023’. The complainant argued the item lacked balance as it did not clarify that the views expressed by the protester were their own, or include any counter views from an expert. The Authority found the balance standard did not apply as the broadcast did not amount to a relevant ‘discussion’ of the issue which the complainant alleged was unbalanced (the safety of the Pfizer vaccine). Not Upheld: Balance...

Decisions
MacKenzie and Television New Zealand Ltd - 2022-011 (7 March 2022)
2022-011

The Authority has declined to determine a complaint alleging it was unbalanced to include coverage of some New Year Honours award recipients and not others. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by this complaints procedure and had little connection to the standard raised. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
Yates and Otago Access Radio - 2022-023 (18 May 2022)
2022-023

The Authority has not upheld a complaint about two broadcasts on The OARsome Morning Show and The Afro-Caribbean Show respectively on OAR FM Dunedin, where the hosts shared their experiences of receiving the COVID-19 booster vaccine, and encouraged the audience to get vaccinated. The complainant alleged the broadcasts breached the accuracy and balance standards as they did not mention the risk of adverse reactions. The Authority found that the broadcasts did not imply any side effects would be minimal/non-existent and were not misleading by omitting mention of potential adverse reactions. The balance standard did not apply as the broadcasts did not discuss a controversial issue of public importance. Not Upheld: Accuracy, Balance...

Decisions
Boyce and Radio New Zealand Ltd - 2021-143 (16 February 2022)
2021-143

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

Decisions
Naughton and Mainland Television Limited & Daystar Television - 2021-103 (16 February 2022)
2021-103

An episode of Marcus and Joni breached the accuracy standard as it contained inaccurate and misleading information about COVID-19 vaccines and their safety. It also promoted conspiracies and advocated for ineffective remedies. The Authority found the broadcaster had not made reasonable efforts to ensure the accuracy of the programme, particularly as the guests were not recognised experts in the subjects discussed. The balance and programme information standards did not apply. Upheld: Accuracy Not Upheld: Balance, Programme Information Orders: Daystar: Section 13(1)(a) – broadcast statement; Section 16(4) – $500 costs to the Crown; Mainland: Section 16(4) - $500 costs to the Crown...

Decisions
Brown and Radio New Zealand Ltd - 2022-041 (21 June 2022)
2022-041

The Authority has not upheld a complaint alleging an item on RNZ National’s 1pm News bulletin lacked balance. The item reported on economist Dr Eric Crampton’s support for the National Party’s policy to retract Labour’s extension to the bright-line test for people selling investment properties. The complainant alleged the item lacked balance as RNZ had interviewed Dr Crampton and another expert earlier in the day on the matter, but only Dr Crampton’s views were re-broadcast as part of the 1pm news update. The Authority did not uphold the complaint, finding the item clearly signalled it was focussed on Dr Crampton’s views and did not purport to be an in-depth examination of Labour’s decision to extend the bright-line test. Further, given other wide-ranging coverage on the issue, listeners could reasonably be expected to be aware of other views. Not Upheld: Balance...

Decisions
Day & Moss and NZME Radio Ltd - 2018-090 (2 April 2019)
2018-090

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Decisions
Gray, Scott, Vickers and Vink and MediaWorks TV Ltd - 2019-020 (18 July 2019)
2019-020

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

Decisions
Gibson and SKY Network Television Ltd - 2005-047
2005-047

Complaint under section 8(1)(a) of the Broadcasting Act 1989Parliamentary Question Time – showed Deputy Prime Minister at times when he was not answering or asking questions – allegedly unbalancedFindingsStandard S6 (balance) – programme did not approach the proceedings from any particular perspective – balance not required – not upheldThis headnote does not form part of the decision. Broadcast[1] Coverage of Parliamentary Question Time was broadcast on Sky News at 2pm on 7 April 2005. Complaint[2] Michael Gibson complained that the broadcast was unbalanced because it focused on the Deputy Prime Minister, Dr Michael Cullen, at times when he was not asking or answering questions. The coverage had shown Dr Cullen “grinning and derisively showing a dismissive attitude towards the Opposition”, he said. [3] Mr Gibson argued that the broadcaster had broken the same rules which had caused TV3 to be banned from filming in Parliament recently....

Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
Morrison & New Homes Direct Ltd and Television New Zealand Ltd - 2021-150 (31 August 2022)
2021-150

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Decisions
Neal and Discovery NZ Ltd & Sky Network Television Ltd - 2024-016/017 (22 April 2024)
2024-016, 2024-017

The Authority1 has not upheld a complaint concerning a news item reporting on a road safety seminar in which experts had voiced support for reducing speed limits, in the context of the Government’s decision to stop blanket speed reductions. The complainant considered information provided by road safety experts and others during the item was inaccurate and misleading, and that the item lacked balance. The Authority found no breach of the accuracy standard, noting that broadcasters are entitled to rely on information conveyed by reputable experts. It also found no breach of the balance standard, noting the broadcast sufficiently presented alternative viewpoints in the circumstances. Not Upheld: Accuracy, Balance...

Decisions
Muir & Knight and Radio New Zealand Ltd - 2024-008 (22 April 2024)
2024-008

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

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