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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-094 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S V R YOUNG of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or her personal view on the topic....

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....

Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Summary [This summary does not form part of the decision. ]A ONE News item reported on the most recent report of the IPCC and summarised some of the report’s findings, including predictions of more frequent storms and droughts. The Authority did not uphold the complaint that the summary was inaccurate, as the broadcaster provided information demonstrating a sufficient basis for the statements made. Not Upheld: Accuracy, Responsible ProgrammingIntroduction[1] A ONE News item reported on the most recent report (AR5 Report) released by the Intergovernmental Panel on Climate Change (IPCC). The item was introduced:Rising sea levels, more extinct species and possible food shortages. That’s the grim prediction by a global gathering of top scientists who say, for the first time, we are responsible for climate change. And as [reporter’s name] reports, New Zealand’s set to feel the heat too....

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

The Authority1 has not upheld a complaint an item on Prime News, reporting on reactions to comments made by ACT Party Leader David Seymour on the Ministry for Pacific Peoples, as well as an incident where two men went to the Ministry and filmed staff while asking about expenditure, breached the accuracy standard. The complainant considered the broadcast breached the standard as it gave the misleading impression that two men had threatened staff at the Ministry as a result of Seymour’s statements, and it was inaccurate to suggest the men ‘threatened’ staff when ‘they only filmed staff while asking about spending’. The Authority agreed the broadcast’s introduction could have given the impression the two men went to the Ministry as a direct result of Seymour’s comments (when this occurred prior)....

The Authority has not upheld a complaint that an item on Newshub Live at 6pm reporting on a disqualification hearing for a greyhound trainer was inaccurate and unfair. The complainant argued the broadcast’s description of the facts leading to two charges against the trainer (related to failing to ensure the welfare of two dogs), was misleading. The complainant also argued it was unfair to comment on the trainer’s potential disqualification sentence before it had been finalised, impeding the trainer’s ‘right to a fair trial’. The Authority found the broadcast was not materially misleading overall, or reasonable efforts had been made to ensure accuracy, and did not give rise to any unfairness to the trainer. The public interest in the story outweighed the low risk of harm. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on an instance of alleged illegal fishing in a marine reserve. The introduction stated, ‘A dive company owner has described [the fishing] as a “blatant and reckless raiding party”. Video posted on social media appears to show the men at the Poor Knights Islands [which has] been protected for decades…’ Clips of the video were shown in the item, with the individuals’ faces blurred. The complaint was that the story was ‘ill informed’ and had caused ‘a lot of harm’ to the individuals involved and their families, including death threats....

The Authority has not upheld an accuracy complaint about a 1News segment on the dangers of crossing sand bars. In the segment, a Coastguard representative said, ‘We recommend crossing the bar at high or low tide, so we can try and take the current out of the equation’. The complaint alleged the recommendation to cross at low tide was ‘wrong’ and ‘dangerous’ and Coastguard were not an authoritative source regarding maritime matters. The Authority considered there were reasonable arguments for a finding the statement was not materially inaccurate in the context of the broadcast. The segment’s overall emphasis was on the dangers and complexity in crossing sand bars, and the statement addressed just one of several risk factors mentioned. In any event, the Authority found it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic. Not Upheld: Accuracy...

The Authority has upheld two complaints from Action for Smokefree 2025 (ASH) about two items on ThreeNews reporting concerns about ASH, including alleged conflicts of interest and its stance on vaping. The Authority agreed the first item (26 July 2024), presented as a ‘special investigation’ into concerns about alleged links between ASH and the ‘pro-vaping’ lobby in Australia, breached the fairness, balance and accuracy standards: the reporter did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH....

The Authority has not upheld a complaint a 1News item breached the discrimination and denigration, and accuracy standards by stating allegations of a ‘white genocide’ in South Africa were a ‘conspiracy theory’ and omitting to include footage shown by United States President Donald Trump to South African President Cyril Ramaphosa. The Authority found the statement and omission of footage were not materially misleading because the ‘white genocide’ allegations have been repeatedly debunked and widely discredited, with numerous sources calling the allegations a ‘conspiracy theory’. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy...

The Authority has not upheld an accuracy complaint about a 1News segment that reported, ‘Many scientists are concerned the US Health Secretary's decision to pull funding for international vaccine development may increase hesitancy and also mean future pandemics are harder to stop. ’ The complainant alleged the broadcast was inaccurate and materially misleading because it did not specify that US Health Secretary Robert F Kennedy Jr’s decision ‘was specifically about mRNA vaccines’ and  background footage of protesters was irrelevant. While broadcasts can be misleading by omission, the Authority found the item in question was not materially misleading. The brief report centred on the scientific community’s response to Kennedy’s decision and clearly identified that Kennedy’s decision did not impact all vaccines. In this context, further detail about the type of vaccines affected was not material to viewers’ understanding of the broadcast....

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 57/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN S WERRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...