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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...
The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...
ComplaintNine to Noon – offensive language – "nigger" FindingsPrinciple 1 – context – used to explain another word’s offensiveness – no uphold This headnote does not form part of the decision. Summary The word "nigger" was used by presenter Kim Hill in Nine to Noon broadcast on National Radio on 3 May 2000 just after 11. 00am. John Lowe complained to Radio New Zealand Ltd, the broadcaster, that the use of the word was unacceptable and unnecessary on public radio, and breached the good taste and decency standard. RNZ explained that the word arose in the context of a discussion about the origin of the word "munted" which had apparently been used on the programme earlier that day. According to a fax received from a South African listener, the word "munted" had the same derogatory meaning as "nigger"....
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....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....
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....
The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1] On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....
ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....
The Authority has declined to determine a complaint that a broadcast covering the name change of an investment and advisory group from ‘First NZ Capital’ to ‘Jarden’ was inaccurate finding that the complaint was frivolous, trivial and vexatious. The Authority ordered the complainant to pay a reasonable portion of costs to the broadcaster to compensate for the time and resources spent in dealing with the complaint. Declined to Determine: Accuracy Order: Section 16(2)(a) – $200 costs to the broadcaster...
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....
Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about a comment made by business commentator, Rod Oram, during a segment on Nine to Noon. The Authority found that Mr Oram’s view as to the effectiveness of a former Chair of a seed business was an opinion that is not subject to the accuracy standard. Not Upheld: Accuracy The item[1] A segment on Nine to Noon featured business commentator Rod Oram discussing the sale of a seed business. During the discussion Mr Oram said one of the former Chairs had been ‘highly effective’ in their previous roles. [2] The item was broadcast on 7 August 2018 on RNZ National. The complaint[3] Allan Golden complained that Mr Oram’s statement about the effectiveness of the former Chair was ‘not true’ as Mr Golden believed they had not been ‘highly effective’....
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....
The Authority has not upheld a complaint that quotes from the book ‘Everything is F*cked’ by Mark Manson, broadcast as part of a review of that book, breached the good taste and decency, programme information and violence standards. The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the nature of the item was clearly signalled by the introduction, and the quotes were contextualised by the reviewer who was using them as examples to emphasise and support his criticism of the book. This enabled listeners to make an informed decision about their listening and that of children in their care....
Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with the CEO of the New Zealand Superannuation Fund. The Authority declined jurisdiction to accept and consider a complaint that this interview did not address issues of corruption within the Fund, finding the complaint raised matters of editorial discretion and personal preference rather than broadcasting standards, and the broadcaster was therefore correct to not accept it as a valid formal complaint. Declined JurisdictionIntroduction[1] An item on Nine to Noon featured an interview with the Chief Executive of the New Zealand Superannuation Fund (the Fund). [2] Allan Golden complained to Radio New Zealand that the segment ‘praised the earnings performance’ of the Fund with no justification....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interviewee said “Jesus” and “for Christ’s sake” – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – words not used sensationally, or gratuitously repeated – fitted into the category of an exclamation of irritation or alarm – not upheld This headnote does not form part of the decision. Broadcast [1] An interview with Derek Fox, the editor of Mana Magazine and a commentator on Māori issues, was conducted on Radio New Zealand National’s Nine to Noon programme on the morning of Thursday 15 February 2007. Mr Fox spoke about Māori achievement levels in the education system. At various points in the interview, Mr Fox used the expressions “Jesus” and “for Christ’s sake”....
Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....
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....
The Authority has not upheld a complaint under the balance standard about an interview on Nine to Noon. The complaint was that the interview about the subject of the truancy service system in schools only canvassed a single perspective. Considering the interview was signalled as approaching the issue from a particular perspective, the perspectives presented were criticism of the status quo, and the period of current interest is still ongoing, it is unlikely listeners would be left misinformed by the broadcast or unaware there were other perspectives on the issues discussed. Not Upheld: Balance...
Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....