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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 51/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J P LOWE of Hawkes Bay Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
The Authority has not upheld a complaint under the balance and accuracy standards about an interview on Morning Report with ‘[a]n Iranian woman, living in New Zealand … shocked by the scale of attacks from Israel on Iran’. The complainant alleged the broadcast ‘presented a one-sided narrative critical of Israel’, and omitted significant viewpoints — namely, those of ‘pro-Israel Iranians’ — and vital context. The complainant also alleged the broadcast contained material inaccuracies, by indicating Israel targeted residential buildings and misled listeners regarding the Iranian regime and Israel’s intentions. The Authority found the broadcast was not claiming nor intending to be a balanced examination of perspectives on the conflict. The audience could also reasonably be expected to be aware of significant context and viewpoints from other media coverage....
The Authority has not upheld a complaint an item on 1 News reporting on people living in cars breached the accuracy standard. The broadcast included figures of the number of people living in cars in 2017 and 2022, but noted the issue was ‘not easy to quantify’. It also included interviews with community organisations, footage from 2017 electoral debates on the issue, and interviews with the Associate Housing Minister and Leader of the Opposition. The complaint alleged the figures were inaccurate and the broadcast misleadingly suggested Labour Party policy was responsible for the issue. The Authority recognised a lack of data in this area, but found the broadcast was materially accurate and, in any event, relied on reputable sources (being data provided by the Ministry of Social Development)....
The Authority has not upheld a complaint under the accuracy and balance standards about an item discussing the impact of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) on medical research, particularly in the context of COVID-19 vaccines. The item contained opinions from three scientists, which were not subject to the factual accuracy requirement and were presented accurately. The item was not required to include detail about how the HSNO Act regulated outdoor use of genetic modification compared to medical or laboratory use, as this was not material to the broadcast. The item also contained differing views, so balance was achieved within the programme. Not Upheld: Accuracy, Balance...
The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...
The Authority has not upheld a complaint about a segment on Seven Sharp regarding an advertisement by Fluoride Free NZ. Mark Atkin, on behalf of Fluoride Free NZ, complained that the programme was in breach of the balance and accuracy standards. The Authority found that the segment did not discuss a controversial issue of public importance, as required for the balance standard to apply. The Authority also found that none of the points identified by the complainant were inaccurate. Not Upheld: Balance, Accuracy...
Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...
This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – allegedly broadcast statement that eight Fijian nationals had died in Christchurch earthquake – allegedly in breach of good taste and decency, accuracy, and responsible programming standards FindingsStandard 5 (accuracy) – not news, current affairs or factual programming – clearly caller’s opinion rather than statement of fact – Apna broadcast a follow-up statement – not upheld Standard 8 (responsible programming) – caller’s comment was opinion – listeners should have been aware that Apna is a small-scale community radio station and could have sought up-to-date information about the earthquake from larger media outlets – not upheld Standard 1 (good taste and decency) – standard not applicable – not upheld This headnote does not form part of the decision....
ComplaintElection programme – Labour Party advertisement – Prime Minister seen with New Zealanders in UN Peacekeeping force in East Timor – her presence implied support for East Timor – incorrect in light of New Zealand’s historical position Findings Standard 5 and Guideline 5b – item focused in part on transition to independence – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An election advertisement for the New Zealand Labour Party was screened on TV One at about 7. 00pm on 2 July 2002. Among the visuals the Prime Minister was shown visiting the New Zealanders who were part of the UN Peacekeeping force in East Timor. [2] Marcel Spencer complained to Television New Zealand Ltd, the broadcaster, that the advertisement was misleading in that it suggested New Zealand’s support for East Timor’s independence....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – item reported on the Australian Government's proposal to legislate for the mandatory blocking of particular websites – contained comment from a representative of the internet civil liberties group Electronic Frontiers Australia – allegedly unbalanced and inaccurate Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance to New Zealand – not upheld Standard 5 (accuracy) – interviewee qualified his statements – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast during Radio New Zealand National's Morning Report programme on Tuesday 28 October 2008 reported on the Australian Government’s plan to legislate for the blocking of websites it deemed to be illegal or inappropriate....
Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....
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....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....
Te Raumawhitu Kupenga 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. ]At the end of an episode of Seven Sharp, presenter Mike Hosking made comments about the most recent report of the IPCC. The Authority did not uphold four complaints that his comments were misleading and irresponsible. The comments were clearly Mr Hosking’s opinion, and the right to freedom of speech explicitly protects expressions of opinion even if they are unpopular or incorrect. Mr Hosking is well known for this type of monologue where he offers his opinion on any number of issues, sometimes in a provocative manner....
Summary[This summary does not form part of the decision. ]Afternoons featured an interview with the author of a recently published book about life in Scandinavia. The Authority did not uphold a complaint that a statement in the introduction to the interview that two people were killed at a free speech forum in Copenhagen was inaccurate because one of the victims was killed at a synagogue. The segment was not news, current affairs or a factual programme to which the accuracy standard applied. In any event, the statement did not constitute a material inaccuracy in the context of the item as a whole. Not Upheld: Accuracy Introduction[1] Afternoons featured an interview with the author of a recently published book, The Almost Nearly Perfect People: Behind the Myth of the Scandinavian Utopia....
Download a PDF of Decision No. 1993-171–172:Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172 PDF1. 28 MB...
The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...
The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged? ’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines....
The Authority has not upheld complaints alleging a report regarding vaccination decreasing chances of COVID-19 infection on 1 News was inaccurate and misleading. The broadcaster made reasonable efforts to ensure the accuracy of the statements about transmission rates. Use of the terms ‘fully immune’ and ‘full immunity’ were not misleading in the context of the broadcast. Not Upheld: Accuracy...