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Decisions
Colman and Radio New Zealand Ltd - 2004-072
2004-072

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....

Decisions
Federated Farmers New Zealand and Television New Zealand Ltd - 2010-138
2010-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the environmental state of the Manawatu River – presenter stated that the river was "rated among the most polluted in the Western World" – reporter said that the Cawthron Institute had described the river as "one of the most polluted in the Western World" – allegedly inaccurate FindingsStandard 5 (accuracy) – while statements that Manawatu River was one of the most polluted in the Western World were not precise, the overriding message was correct – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 9 August 2010, looked at the environmental state of the Manawatu River....

Decisions
Credo Society Inc and Radio New Zealand Ltd - 2000-034
2000-034

SummaryA segment of Sunday Supplement included an opinion piece by a contributor called James Macky. He commented at length on a newspaper column captioned "If gay is the answer, what’s the question". The programme was broadcast on National Radio on 22 August 1999 between 8. 45–9. 00am. The Credo Society Incorporated, through its secretary Mrs Barbara Faithfull, complained to Radio New Zealand Ltd, the broadcaster, that the segment was biased and contained unfair and inaccurate comment. The speaker employed deceitful means by using an assumed name, Mrs Faithfull wrote, and the effect of that was to mislead listeners about the speaker’s credibility. RNZ responded that the segment was an opinion piece in Sunday Supplement which was a programme of review and opinion....

Decisions
Beban and NZME Radio Ltd - 2019-063 (22 January 2020)
2019-063

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...

Decisions
Guenole and Television New Zealand Ltd - 2019-091 (9 March 2020)
2019-091

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...

Decisions
Hearn and Radio New Zealand Ltd - 2020-001 (16 June 2020)
2020-001

The Authority upheld a complaint that a broadcast of First Up was misleading and breached the accuracy standard. The Authority found the quiz question ‘what charges did Sweden drop last week against WikiLeaks founder, Julian Assange? ’ was misleading, as charges were never formally laid against Mr Assange. The Authority also found that RNZ did not make reasonable efforts to ensure the accuracy of the broadcast noting that the error was careless. The Authority did not make any orders on this occasion. Upheld: Accuracy No Orders...

Decisions
KG and Māori Television Service - 2020-082 (16 November 2020)
2020-082

The Authority has not upheld a complaint that an item on Te Ao with Moana breached the balance and accuracy standards. It found the broadcaster made reasonable efforts to present significant views which discussed the issue of police conduct in New Zealand in the context of the George Floyd incident in the United States. The Authority found the interviewee’s behavioural history was not a material fact relevant to the audience’s understanding of the programme. The Authority however found Māori Television’s initial response to the complainant unsatisfactory and reminded it of its duties with respect to formal complaints. Not Upheld: Balance, Accuracy...

Decisions
Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)
2016-092

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

Decisions
Thelning and MediaWorks TV Ltd - 2017-038 (17 July 2017)
2017-038

Summary [This summary does not form part of the decision. ]During a ‘Vote Smart’ segment on The Project, host Jesse Mulligan discussed what he considered to be the ‘horribl[e] underfund[ing]’ of the Department of Conservation (DoC). Mr Mulligan said, ‘DoC doesn’t have a big lobby group to argue their case. You know when Big Dairy puts their hand out, they get offered up to $400 million to spend on irrigation. That’s DoC’s whole budget, but it’s being spent on growing dairy, which, if anything, makes the conservation job even harder’. The Authority did not uphold a complaint that the comparison made between DoC and Crown Irrigation was inaccurate and misleading as the funding models of these two entities are different. The comment was not a statement of fact which triggered the requirements of the accuracy standard....

Decisions
Loder and Dennis and MediaWorks Radio Ltd - 2018-011 (8 May 2018)
2018-011

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

Decisions
20 Complainants and Radio Virsa - 2018-039 (24 August 2018)
2018-039

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

Decisions
Beckett and Radio New Zealand Ltd - 2012-094
2012-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview about housing market in Auckland – interviewer commented, “with section prices actually falling in some of the city’s outlying areas” – allegedly inaccurate FindingsStandard 5 (accuracy) – host’s brief comment in the introduction was not a material point of fact in the context of the interview – comment would not have materially altered listeners’ understanding of the issues discussed – not upheld This headnote does not form part of the decision. Introduction [1] During Nine to Noon, the host interviewed the chair of the Productivity Commission about the Commission’s recent report on housing affordability, provided to the Government in March 2012. The host introduced the interview as follows: Our next guest is here to talk about Auckland property prices going balmy. . ....

Decisions
Golden and Radio New Zealand Ltd - 2013-086
2013-086

Summary [This summary does not form part of the decision. ]A panel discussion on Afternoons with Jim Mora suggested that fraud in the ‘Māori sector’ is often treated differently to other fraud. The Authority declined to determine the complaint that the programme breached standards because the panellists should have made reference to the ‘2004 Feltex IPO fraud’ as an example of ‘non-Māori fraud’. The complainant’s concerns were matters of personal preference and editorial discretion, and the Authority’s decisions on previous complaints should have put him notice of the likely outcome of this complaint. Declined to Determine: AccuracyIntroduction[1] During a panel discussion on Afternoons with Jim Mora, one of the topics was the criticism levelled at a Native Affairs investigation into the potential misappropriation of public funds by the Te Kōhanga Reo National Trust Board....

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Craig and 4 Others and Television New Zealand Ltd - 2013-034
2013-034

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Decisions
McElwain and Radio New Zealand Ltd - 2002-209
2002-209

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Golden and Radio New Zealand Ltd - 2013-026
2013-026

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – political commentator made comments about the background to negotiations between the Government and Rio Tinto over the Tiwai Point smelter – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – panellist’s comments amounted to his opinion, not statements of fact – exempt from standards of accuracy under guideline 5a – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] “Politics with Matthew Hooton and Mike Williams” on Nine to Noon contained political commentary on the Government’s negotiations with Rio Tinto Alcan Ltd (Rio Tinto), over the Tiwai Point aluminium smelter in Southland. The programme was broadcast on 2 April 2013 on Radio New Zealand National....

Decisions
Golden and Radio New Zealand Ltd - 2004-124
2004-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

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