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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY BARCLAY of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory application for disclosure of additional material – broadcast of allegations by an anonymous interviewee on Nine to NoonDecision on interlocutory applicationRequest for production of field tape – already offered by broadcaster – decline to determineRequest for disclosure of interviewee’s name – not required in order for Authority to determine complaints – declinedRequest for production of all relevant pre-broadcast records and documents, and emails received after the broadcast – not required in order for Authority to determine complaints – declinedThis headnote does not form part of the decision. Factual Background[1] On 12 May 2005, under the protection of parliamentary privilege, National and Act Members of Parliament accused then Associate Minister of Education, the Hon David Benson-Pope, of bullying students while he was teaching at Dunedin’s Bayfield High School in the 1980s. [2] Mr Benson-Pope categorically denied the allegations....

The Authority1 has not upheld a complaint a discussion on an inquiry and proposed reforms to the Retirement Villages Act 2003 breached the accuracy, balance and fairness standards, due to the broadcaster failing to provide prior warning to the complainant of the inclusion of a further participant to the discussion, and for not providing sufficient time for the complainant to respond to the new participant’s analysis. The Authority found the complainant was provided with a fair opportunity to articulate his position and to respond to concerns raised by other participants; the alleged inaccuracies amounted to analysis, to which the accuracy standard does not apply, and the analysis was not materially misleading with respect to any facts referred to. Noting the perspectives included in the broadcast, the Authority found the complainant’s concerns about balance were better addressed under accuracy and fairness. Not Upheld: Accuracy, Balance, Fairness...

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – dispute about whether the presenter used the word “lie” or “line” – the former allegedly offensiveFindingsPhrase used was “that is a desperate line” – not in breach of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On National Radio on 9 September 2005 on the Nine to Noon programme, National Party deputy leader Gerry Brownlee said, referring to Radio New Zealand, “this is Radio Labour at its best”. [2] In response to this comment, the presenter said either “that is a desperate line” or “that is a desperate lie”. Complaint [3] Michael Gibson said that he had heard the presenter respond “that’s a lie”. He considered the presenter’s comment was damaging and offensive. He stated that it breached “at least one” of the broadcasting standards....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

Summary Gary McCormick, a guest on National Radio’s Nine to Noon on 22 July 1999, joked with the host about a news report that day that an IRD employee had offered to forego an audit of some prostitutes in exchange for free sex. Referring to a Civil Aviation Authority report on an air accident reported that day, he joked that he would ask the CAA to provide a warrant for his car. Mr Boyce complained to Radio New Zealand Ltd, the broadcaster, that the exchanges were inappropriate. When he did not receive a response from RNZ within the statutory time limit, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The Authority sought RNZ’s comments on the complaint. It reported that it had responded to the complaint 19 working days after its receipt....

ComplaintNine to Noon – National Radio – review of events – political editor’s comment – inaccurate FindingsPrinciple 6 – editorial opinion – principle not applicable – no uphold This headnote does not form part of the decision. Summary [1] RNZ’s political editor (Al Morrison) reviewed events during the week of 6–10 May in a segment broadcast on Nine to Noon between 9. 45–10. 00am on 10 May 2002. The review is broadcast weekly and, on this occasion, he referred to a speech by the Minister of Labour in which, he said, the Minister said that "the basic shape of the income system" had not changed for some years. [2] Simon Boyce complained to Radio New Zealand Ltd, the broadcaster, that the item was factually inaccurate....

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with RNZ’s US Correspondent regarding recent political events in the United States, including a brief discussion of the controversy surrounding the Democratic National Party and the release of American political strategist and campaign manager Donna Brazile’s book, Hacks. The Authority did not uphold a complaint that this discussion was unbalanced and misleading. The Authority noted the purpose of the item was to hear the views and analysis of RNZ’s US Correspondent on recent political events and news in the US, a small part of which referred to Ms Brazile’s book. The segment did not purport to be an in-depth examination of Ms Brazile’s book or the controversy surrounding the Democratic National Committee (DNC) Primary Election....

ComplaintNational Radio – Nine to Noon – commentary about dispute among board members of NZ Post – accountability of SOEs – lack of balance FindingsPrinciple 4 – accountability of SOE boards a controversial issue – authoritative and expert opinion – no uphold CommentOpportunity to rebut and question news and current affairs to ensure balance outlined in Guideline 4b applies to talkback – it does not apply to items balanced in themselves or balanced within the current period of interest This headnote does not form part of the decision. Summary The accountability of board members of a State Owned Enterprise was the topic addressed by Sir Geoffrey Palmer in his weekly segment on Nine to Noon. The broadcast complained about was on National Radio on 10 July 2001 at 11. 45am....

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....

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

The Authority has declined to determine a complaint alleging an item on Nine to Noon breached the offensive and disturbing content standard, due to a presenter using the expression ‘effing annoying’ when describing a character in a book review. 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 this complaint.   Declined to Determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....