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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-065 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN'S ACTION FOR JUSTICE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]An item on Fair Go investigated a case of alleged elder financial abuse by a man, P against a 90-year-old woman, E. The programme also featured P's 'mentor' (M), a spokesperson from E's bank and comment from E and her grandson. The Authority did not uphold a complaint that the item was unfair, inaccurate and unbalanced. Both P and M were given a fair and reasonable opportunity to comment, the broadcaster made reasonable efforts to ensure the item was accurate and the item did not discuss a controversial issue of public importance which required the presentation of alternative views. Not Upheld: Fairness, Accuracy, Controversial IssuesIntroduction[1] An item on Fair Go investigated a case of alleged elder financial abuse....

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

The Authority has not upheld a complaint that a Newshub Nation item reporting poll results on support for Auckland Central constituency candidates was misleading, as it excluded undecided voters. The Authority found the results were not inaccurate or misleading in the context of the whole item. There was lengthy discussion that followed concerning the poll results and the views of each of the candidates, and at the end of the item, the reporter advised more than 20% of voters still had not decided which candidate to support. Overall, the Authority did not find actual or potential harm that justified regulatory intervention or limiting the right to freedom of expression. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

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 the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Paula Rose declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7. 8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant....

The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

Summary[This summary does not form part of the decision. ]An item on ONE News reported that an increasing number of beneficiaries were being banned from Work and Income offices due to heightened security as a result of the fatal shootings at a WINZ office in 2014. The reporter interviewed a beneficiary who said that this was ‘no surprise’ because dealing with WINZ is ‘frustrating’. The Authority did not uphold a complaint that the comments from the beneficiary were irresponsible and encouraged violence. The focus of the item was on security at WINZ offices and the beneficiary was relating his personal experience; the item did not advocate violence....

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....