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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-096 Decision No: 1997-097 Decision No: 1997-098 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PALMERSTON NORTH CITY COUNCIL Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary A trailer broadcast during the news hour on One Network News on 20 May 1998 between 6. 00-7. 00pm advised that New Zealand’s Rugby Sevens team was at "Israel’s Wailing Wall". The item itself included a caption which identified the Wailing Wall as being in Jerusalem, and the script identified it as part of Israel. The Wellington Palestine Group, through a representative, complained to Television New Zealand Ltd, the broadcaster that both the trailer and the item perpetuated an untruth, as the Wailing Wall was not part of Israel. The group said it objected to seeing TVNZ being used as a vehicle for Israeli propaganda. TVNZ responded that both the trailer and the item were in error in describing the Wailing Wall as being in Israel. On these points the complaint was upheld....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item on 13 June about a 12-year-old Palestinian girl after six members of her family were killed by a shell on a Gaza beach – item suggested that shell was Israeli which had been fired in response to homemade rockets fired from Gaza – allegedly inaccurate for using falsified footage3 News – item on 14 June reported conflicting claims about who was responsible for the killing on the Gaza beach – denied by Israeli Defence Force (IDF) but Human Rights Watch said Israel was responsible – also included footage of another Israeli shell fired into Gaza which killed militants and innocent bystanders – allegedly unbalanced as it did not include evidence released by IDFFindingsStandard 4 (balance) – significant views advanced about controversial issue of public importance – not upheld Standard 5 (accuracy) – no evidence that falsified footage used –…...

Complaint under section 8(1B)(b)(i)3 News – item about the release of the United Nations’ fourth report on climate change immediately preceded item about glacial decline in New Zealand – introduction to second item began “the UN report seems to back up what’s happening here” – images of ice melting and falling into water – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – was a factual report rather than a discussion – not upheldStandard 5 (accuracy) – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Broadcast[1] UN Report on climate change During 3 News on 18 November 2007, an item was broadcast at approximately 6. 15pm about the release of the fourth report by the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which, according to the presenter, asserted that “there is no doubt global warming is man-made”....

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint alleged the segment breached the accuracy standard as the report inaccurately described the composition and safety of the vaccine. The Authority found it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In any event, the segment was materially accurate. Not Upheld: Accuracy...

The Authority has upheld a complaint about an item on Newshub Live at 6pm that discussed the alleged misuse of public funds for safety improvements at a greyhound racetrack. The complainant alleged the programme did not present a balanced view of the issue and misled the audience on key facts regarding what action was taken at the raceway. The Authority found the item was presented in a way that favoured the perspectives of those critical of the racing club’s actions, without giving reasonable opportunities to provide balance from the other side of the story. The Authority also found that a collection of factual errors in the item meant, overall, viewers were materially misled. Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that a 1 News segment on the Military’s bid to replace two 757 planes breached broadcasting standards. The complainant alleged statements – linking Prime Minister Jacinda Ardern ‘hitching a ride’ on the Canadian Prime Minister’s VIP plane, with the ability and age of the Air Force’s 757s – breached the accuracy, balance, and fairness standards, due to the failure to include the Prime Minister’s full statement on why she caught the flight. The Authority found the broadcast was materially accurate, and the balance standard did not apply as the complainant’s concerns did not relate to a controversial issue of public importance. The broadcast was not unfair to Ardern.   Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....

The Authority has not upheld a complaint about an interview with National Party Leader Christopher Luxon on Q+A with Jack Tame. The complaint alleged Tame was disrespectful and hostile to Luxon, and asked invasive personal questions, in breach of the fairness, balance and accuracy standards. The Authority did not consider Tame’s questions or comments went beyond a level of robust scrutiny or challenge that could reasonably be expected in an interview with the Leader of the Opposition on their party’s policies, particularly in the lead-up to a general election, and therefore the fairness standard was not breached. The complaints under balance and accuracy each concerned matters not addressed by the relevant standard. Not Upheld: Fairness, Balance, Accuracy...

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint an item on 1 News, reporting on the destruction of the Kakhovka Dam in the region of Kherson, Ukraine, incorrectly attributed responsibility for the incident, and shelling of the region after the incident, to Russia. The Authority noted the broadcast did not state, either expressly or implicitly, who was responsible for the dam’s destruction. Further, while the Authority acknowledged the broadcast may have implied Russia was responsible for some shelling in the Kherson region, this suggestion was not inaccurate, and the broadcast did not state Russia shelled the region after the dam’s destruction. It accordingly found no breach of the accuracy standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

The Authority has not upheld a complaint about a Radio New Zealand report which indicated a run of hot days in Hamilton was probably unprecedented. The complainant provided records from the 1930s, suggesting Hamilton had previously experienced a heatwave of greater duration and intensity. He argued the broadcast was inaccurate and, when notified of the previous heatwave, RNZ had taken insufficient actions to correct any misleading impressions. The Authority found the statements complained about were analysis, comment or opinion to which the standard does not apply and, in any event, did not result in the broadcast being misleading. Not Upheld: Accuracy...

The Authority has not upheld a complaint that two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint about comments, during an interview on The Huddle, distinguishing alcohol from tobacco in relation to the need for cancer warning labels. The Authority found the comments amounted to opinion to which the accuracy standard does not apply and, in the context, the audience was unlikely to be misled. The Authority identified no harm sufficient to justify its intervention. Not Upheld: Accuracy...