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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....
The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...
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"....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....
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 – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....
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....
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...
The Authority has not upheld a complaint about a broadcast on Radio New Zealand National’s Nine to Noon marking one year since the 7 October 2023 Hamas-led attack on Israel. The broadcast included two interviews conducted by host Kathryn Ryan - one with BBC Middle East editor Sebastian Usher, and the other with Sally Stevenson, an emergency coordinator with Médecins Sans Frontières. The Authority found listeners were alerted to alternative significant viewpoints during Usher’s interview, and Stevenson’s interview was clearly signalled as being from Stevenson’s perspective. Additionally, the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage and, while noting the balance standard is not directed at bias, no material which indicated bias against Israel was identified....
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....
An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....
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...
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....
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – host spoke to a number of women about their experiences with dowry abuse in New Zealand – allegedly in breach of controversial issues, accuracy and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – highlighted problem of dowry abuse and presented experiences of a few women – not upheld Standard 5 (accuracy) – complainant did not identify any inaccurate statements – not upheld Standard 7 (discrimination and denigration) – complainant did not identify any group or section of the community – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....
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”....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – said that new research showed that circumcising all baby boys could cut the rate of sexually transmitted infections by about half – interviewed researcher – allegedly unbalanced Findings Principle 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] On the morning of 7 November 2006 on Nine to Noon, the presenter conducted an interview with Professor David Fergusson from the Christchurch School of Medicine and Health Sciences. The presenter said that new research showed that circumcising all baby boys could cut the rate of sexually transmitted infections (STIs) by about half....