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Complaint3 News – possible cure for cancer – deceptive – misleadingFindingsStandard G7 – not applicable Standard G11 – not applicable Standard G15 – no uphold This headnote does not form part of the decision. Summary A dietary supplement made from pig pancreatic enzymes was said to provide a possible cure for cancer, according to an item on 3 News broadcast on 11 May 2000 between 6. 00–7. 00pm. Murray Tonks complained to TV3 Network Services Ltd, the broadcaster, that the item lacked scientific credibility and that it was apparent that there was no independently verified research findings which backed the claims made. In his view, the item used a deceptive programme practice and was misleading, as it could have raised false hopes for cancer sufferers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – “On This Day” segment referred to financial markets crash in 1929, advances in the Cuban missile crisis in 1962, dedications to two famous monuments and birthdays of famous people – viewer feedback pointed out that it was also the date the New Zealand Declaration of Independence was signed in 1835 – allegedly in breach of controversial issues and accuracy FindingsStandard 4 (controversial issues – viewpoints) – segment did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – signing of the Declaration was referred to in viewer feedback – viewers would not have been misled by the omission of information about the Declaration in the segment – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6....

Summary [This summary does not form part of the decision. ]An item on Checkpoint reported on the Lombard Finance case, focusing on a former investor and her reaction to the revised sentences handed out to the Lombard directors. The item included a quote which was incorrectly attributed to the directors. The Authority did not uphold the complaint that the misattributed quote was misleading. The quote was from the High Court judge who had summarised what he considered to be the directors’ position, so listeners’ impression of the directors from the item would not have been materially different. Not Upheld: AccuracyIntroduction[1] An item on Checkpoint discussed the Lombard Finance case with a former investor, in relation to the sentences of home detention reinstated by the Supreme Court for Lombard’s directors (having overturned the Court of Appeal’s sentences of imprisonment)....

The Authority has upheld an accuracy complaint from John Minto on behalf of Palestine Solidarity Network Aotearoa about 1News’ reporting of violence that unfolded in Amsterdam surrounding a football match between the local team Ajax and Israel’s Maccabi Tel Aviv. The reporting comprised a pre-ad-break trailer reporting ‘antisemitic violence’, an introduction by the presenter which included a montage of ‘disturbing’ footage of violence described by Amsterdam’s mayor as ‘an explosion of antisemitism’, and a pre-recorded BBC item. The broadcaster upheld one aspect of the complaint, relating to mischaracterised footage used in the trailer and introduction, which was originally reported as showing Israeli fans being attacked, but later corrected by Reuters and other outlets to indicate it showed Israeli fans chasing and attacking one Dutch man....

The Authority has not upheld a complaint that presenters’ comments during a fundraising appeal promotion for Rhema Media’s Sanctuary Radio breached the accuracy standard. The presenters referred to the station as ‘listener funded’ which the complainant argued was misleading as Rhema Media also receives income from commercial businesses, charities and other sources. The broadcaster confirmed it is 85% listener funded, with listener support and contributions crucial to its identity and operations. The Authority found the term ‘listener funded’ in the context was part of brand messaging and audience engagement intended to rally support, rather than stating as fact the station is 100% listener funded. The Authority considered the risk of listeners being materially misled was low and did not justify restricting the broadcaster’s freedom of expression in the way it presented its fundraising promotion. Not Upheld: Accuracy ...

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

The Authority has not upheld a complaint regarding an item on 1News covering a Hobson’s Pledge campaign against bilingual road signage. The complaint was that the coverage was biased and unfair by suggesting feedback using the Hobson’s Pledge template was ‘bad’, trying to influence how people gave feedback, and only interviewing members of the public in support of bilingual signage. The Authority found the broadcaster provided sufficient balance and the item was not unfair, as Hobson’s Pledge was given an opportunity to comment, and its position was adequately presented in the item. The complaint did not identify any inaccurate statement or reasons why the item was inaccurate, and the discrimination and denigration standard did not apply. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint that a 1News item, reporting on developments in the Israel-Hamas conflict, breached the accuracy, balance and fairness standards. The item discussed an increasing number of countries formally recognising Palestine as a state due to Israel’s continuing military action in Gaza, and the possibility of New Zealand following suit. The complainant considered the report cast Israel in a negative light, contained numerous inaccuracies (largely in relation to its description of the geographical situation in the conflict zone), and omitted important information from an Israeli perspective. The Authority found no material inaccuracies or misleading omissions in the report. It found the balance standard was not breached as significant alternative perspectives on the issue were presented, including that of Israel; and the audience could reasonably be expected to be aware of significant viewpoints from other media coverage. The fairness standard did not apply....

The Authority has not upheld a complaint about a Morning Report interview with Te Pāti Māori co-leader Debbie Ngarewa-Packer concerning the Israel/Gaza war. The complaint alleged the interview was unbalanced because no alternative perspective was presented to counter Ngarewa-Packer’s comments that Israel’s actions in Palestine amounted to genocide and apartheid, among other things, and that those statements were also inaccurate. The Authority acknowledged people may not agree with the terms used by Ngarewa-Packer during the interview and some would find them inflammatory, but ultimately found restricting the broadcaster’s and Ngarewa-Packer’s right to freedom of expression would be unjustified....

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on the results of the Transport and Accident Investigation Commission’s investigation into a fatal mid-air collision at an unattended aerodrome. The complainant alleged the broadcast was inaccurate and unbalanced in its reporting that ‘dangers’ (such as the non-compliant procedure that had contributed to the crash) were occurring at other unattended aerodromes. The Authority found the broadcast accurately reflected the results of the investigation and the broadcast did not discuss a controversial issue of public importance for the purpose of the balance standard. Not Upheld: Accuracy, Balance...

The Authority has upheld an accuracy complaint about a statement, ‘Public submissions for Phase Two of the Inquiry closes at midnight tonight’, in a 1News item reporting on the deadline for submissions to the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the statement was materially inaccurate as the correct deadline was the following night and, in the context of the broadcast, this was a material point of fact. The COVID-19 Inquiry’s communications regarding the deadline for public submissions could have been clearer, but TVNZ did not make reasonable efforts to ensure accuracy. It relied on information from official press releases and communications by the Inquiry but did not seek clarification of the ambiguous deadline from a relevant person/organisation....

The Authority has not upheld an accuracy complaint about a statement by TVNZ’s Seven Sharp reporter that a film was set ‘amid a nationwide confiscation of Māori land’ during an interview with actor Temuera Morrison. The complainant alleged confiscations were not nationwide, and that Māori land dispossession can be attributed in part to legitimate land sales to the Crown. The Authority found the alleged inaccuracy was not material in the context of a segment focusing on Morrison’s acting career and promotion of a film, and that, in any case, it was not misleading to refer to ‘nationwide confiscation’ considering the extent of contested Māori land dispossession which occurred in the relevant period. Not Upheld: Accuracy...

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

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression. Upheld by Majority: Accuracy, Not Upheld: Balance No Order...

The Authority has not upheld a complaint that a ThreeNews segment breached the accuracy and fairness standards by stating Pete Hegseth has ‘no relevant experience’ for the position of United States Defence Secretary. The Authority found the comment was clearly distinguishable as comment, analysis or opinion to which the accuracy standard did not apply. While the comment can be seen as an overstatement, in the context of the overall broadcast and other reporting regarding Hegseth’s nomination, it was unlikely to mislead viewers, and any potential harm caused by omitting to outline Hegseth’s military experience is not at a level justifying our intervention or restriction of freedom of expression. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority also found the brief comment would not have left viewers with an unfairly negative impression of Hegseth. Not Upheld: Accuracy, Fairness....