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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 23/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LANCE HARBOUR of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
The Authority has not upheld a complaint about an item on 1 News covering the impact of COVID-19 on attendance at Christmas celebrations around the world. The complaint was the coverage of celebrations in Bethlehem, with reference to the closure of Israel’s international airport, created the impression that Bethlehem is part of Israel. The Authority acknowledged Bethlehem is a highly contested area, but also noted the broadcast was not about the Israel-Palestine conflict. The Authority found, in the context of the broadcast, the brief segment on celebrations in Bethlehem and the simple reference to the closure of Israel’s international airport was unlikely to have misled viewers. Not Upheld: Accuracy...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...
SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....
Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....
Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....
ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....
Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....
The Authority has not upheld a complaint concerning an item on 1News reporting on cuts to the public sector. The complainant considered the broadcast’s claim that public sector spending cuts were to help pay for the government’s tax cuts was inaccurate, unbalanced and was unfair to Minister of Finance Nicola Willis, as it fully attributed public sector funding reductions to paying for tax cuts. The Authority found no breach of the accuracy standard, noting the broadcast did not fully attribute public sector funding reductions to paying for tax cuts. It further found in a news story about the impact of the cuts, the broadcaster was not required to include reference to other reasons for better management of government funds, as well as other financial measures that would also help pay for tax cuts, as the complainant had submitted....
Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....
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 two complaints that it was inaccurate and/or unbalanced for an item on 1News to describe land in central Auckland as being ‘gifted’ by Ngāti Whātua to the Crown in 1840. The Authority found it was not materially inaccurate to describe the land in this way in the context of an item focused on Ngāti Whātua’s call to change Auckland Anniversary Day. Further, any harm caused by not including a detailed explanation of the land transfer did not outweigh the broadcaster’s right to freedom of expression. The balance standard did not apply. Not Upheld: Accuracy, Balance...
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...
The Authority has not upheld two complaints about a 1News item reporting on Te Pāti Māori’s ‘reset’, the co-leaders’ reaction to questioning at a media conference, and Te Pāti Māori’s newest MP Oriini Kaipara’s maiden speech in Parliament. The complaints alleged the segment was unbalanced and biased as the broadcast did not report on the temporary suspension of Parliament following haka and waiata after Kaipara’s maiden speech. The Authority found the segment was a straight news report and not a discussion of a controversial issue of public importance, meaning the balance standard did not apply....
The Authority has not upheld a complaint alleging an RNZ National news bulletin addressing airstrikes in Lebanon breached the balance, accuracy and fairness standards, including by failing to provide context for the airstrikes. The Authority found the broadcast was a simple report on events rather than a ‘discussion’ of issues to which the balance standard might apply. It found listeners were unlikely to get a misleading impression of events from the report and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...
The Authority has not upheld a complaint about Sports Chat on RNZ’s Morning Report, during which the guest commentator briefly summarised violence surrounding the Maccabi Tel Aviv football match against local Dutch team Ajax in November in Amsterdam, including: ‘the Amsterdam Mayor has come out and said, look, criminals on scooters searched the city for Maccabi supporters in hit-and-run attacks. …said [they were] all antisemitic. ’ The complaint was that RNZ ‘severely distorted’ the context of the events to the point of inaccuracy; discriminated against and denigrated ‘the Amsterdam people who responded to Maccabi’s racist provocations’ and immigrants, by ‘choosing to represent this as antisemitism’; and lacked balance and fairness by excluding Amsterdam locals’ perspective. The Authority did not uphold the complaint, finding the brief summary of the Amsterdam mayor’s response was not materially misleading in the context of Sports Chat, and the remaining standards did not apply....
The Authority has not upheld an accuracy complaint concerning a Morning Report interview with the Problem Gambling Foundation’s Director of Advocacy and Public Health. The interview discussed a new secondary school programme aimed at educating young people about the risk of developing problem gambling habits from playing video games, referring in particular to ‘loot boxes’ in gaming which often cost real money. The interviewee’s statement alleged to be inaccurate was, ‘We know around the world that a lot of countries have banned loot boxes…’ which the complainant said was incorrect as only one country – Belgium – has banned loot boxes. The Authority found in the context of the full five-minute interview, which focused on the importance of educating young people about the dangers associated with gaming and risk of developing problem gambling habits, this statement was not a material point of fact. Not Upheld: Accuracy...
A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint was the segment breached the balance, accuracy and fairness standards as the report incorrectly stated the vaccine was safe for people that are pregnant or breastfeeding. The Authority found the relevant statements were materially accurate. In any event, it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In dismissing material relied upon by the complainant to challenge the vaccine’s safety, the Authority also cautioned against the risk of contributing to misinformation by drawing conclusions from extracts of information without an understanding of the context. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...
The Authority has not upheld a complaint that a segment on Morning Report breached the discrimination and denigration, and accuracy standards. The report was about trans men and non-binary people missing out on notifications for cervical screenings, due to how gender and sex are recorded by health services. The Authority found that the discrimination and denigration standard was not breached as the terminology used was specifically chosen to be inclusionary rather than exclusionary, and the inaccuracies alleged by the complainant were immaterial to the broadcast as a whole. Not Upheld: Discrimination and Denigration and Accuracy...
The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...