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Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

ComplaintInsight – item on issues facing foreign students in New Zealand – allegation of rape by student in home-stay situation – no evidence presented to substantiate allegation – inaccurate FindingsPrinciple 6 – participants' contribution – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 12 May 2002 considered some of the issues facing overseas students living in New Zealand, including the implications on the export education industry for this country. The programme included a claim that a student had been raped while living in a home-stay situation. [2] Robin Powell complained to Radio New Zealand Limited, the broadcaster, that the claim of rape by the student had not been substantiated, and it was therefore irresponsible to have broadcast such a claim....

The Authority has not upheld a complaint under the fairness, balance, and accuracy standards from environmental protest group Honour the Maunga, about a series of Radio New Zealand broadcasts on 15-19 April 2020. The items concerned the removal of the group’s unoccupied camp from Ōwairaka (Mt Albert) for allegedly breaching lockdown rules. Overall, the Authority found that the series of broadcasts was unlikely to cause undue harm to the reputation of Honour the Maunga, and was unlikely to mislead listeners. This was a series of short news items covering a developing story, which, importantly, included the complainant’s response to the key points in the reports, namely that the group had not breached lockdown rules and was otherwise entitled under the New Zealand Bill of Rights Act to occupy the site....

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

Summary[This summary does not form part of the decision. ]An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease. ’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole....

The reality television series, Harnas Wildlife Rescue Camp, profiles various workers and volunteers and their day-to-day activities at the Harnas Wildlife Foundation (Harnas) in Namibia. The Authority did not uphold a complaint that Harnas was being misleadingly promoted through the programme as an ethical wildlife sanctuary, when in the complainant’s view, the facility and conditions were inhumane. The Authority found that the programme was presented as a slice-of-life, observational documentary, which did not shy away from presenting difficult material and the challenges facing Harnas. As such, viewers were shown the conditions at Harnas and were provided with sufficient information to make up their own minds about the welfare of the animals. On this occasion therefore, the harm alleged to have been caused did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff. This programme featured Popoff and his wife preaching and allegedly healing audience members, as well as testimonies from various attendees about miracles and financial rewards received from God after they bought Popoff’s ‘Miracle Spring Water’. The Authority did not uphold a complaint that the programme was ‘fraudulent’, as it took advantage of viewers who may be misled by the programme into losing money. The Authority acknowledged the complainant’s genuine and well intentioned concerns. However, it found that the accuracy standard did not apply to religious programming, such as Peter Popoff’s Ministries, and programme selection and scheduling decisions fell to the responsible broadcaster to determine. Not Upheld: Accuracy Introduction[1] Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff....

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the reporter’s statements about the referendum regarding the establishment of a Māori ward were inaccurate. While several of the reporter’s statements could be seen to conflate the issues about representation, the surrounding statements clarified what was being discussed so viewers would not have been misled. In the context of the item, these statements did not reach the threshold for breaching the accuracy standard....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change....

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an interviewee’s reference to ‘the Queen of England’, during an episode of Waka Huia, was inaccurate and discriminatory towards those in the United Kingdom who were not English. The complainant has previously referred a number of complaints about this issue to the Authority, which were either not upheld, with comprehensive reasons given for the Authority’s decision, or which the Authority declined to determine. The complainant’s appeal of a previous decision to the High Court on a similar issue was also dismissed. The Authority therefore declined to determine the complaint under section 11(a) of the Broadcasting Act 1989, on the grounds that it was trivial and vexatious....

During a segment on The AM Show, host Duncan Garner referred to an individual as a ‘woolly woofter’. A complaint that the use of this term breached broadcasting standards, as it was homophobic and offensive, was not upheld. The Authority found that, while some viewers may have found the term inappropriate or offensive, the use of the term was unlikely to cause widespread undue offence or seriously violate community norms. In the context of the programme, upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Law and Order...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

Summary[This summary does not form part of the decision. ]An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review....

Summary [This summary does not form part of the decision. ]During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The Authority did not uphold the complaint that the reports were inaccurate. While the use of inconsistent terms was sloppy, it was obvious to viewers in the context of weather reports that these were references to wind speeds and not to any other unit of measurement, so viewers were not misled. Not Upheld: Accuracy Introduction[1] During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The reports were broadcast on 14 and 15 October 2013 on TV ONE....

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

The Authority has not upheld a complaint under the accuracy standard regarding a 1 News report that ‘thousands have again protested outside the White House against the recent Supreme Court decision to scrap the constitutional right to abortion’. The complaint was that the United States constitution does not include the right to abortion. The Authority found the item was not inaccurate in this respect, as a previous Supreme Court decision (Roe v. Wade) had interpreted the US Constitution as conferring a right to abortion. Not upheld: Accuracy...