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Decisions
Climie and Television New Zealand Ltd - 2021-017 (21 July 2021)
2021-017

The Authority has not upheld a complaint about an item on 1 News that reported a third marine heatwave in four years in Auckland and Northland. It described the causes of the heatwave in terms of subtropical winds and global warming, and its consequences in terms of sea level rises and ocean acidification, and included comments from local experts. The complaint was that the broadcast misled viewers to believe the higher ocean temperatures in Northland and Auckland were due principally to climate change and the warming effects were global (when actually the heatwave was driven by a natural climate event, occurring locally). The Authority found the broadcaster made reasonable efforts to ensure accuracy, including reliance on authoritative experts, and the broadcast was unlikely to mislead viewers. Not Upheld: Accuracy...

Decisions
Cumin and Discovery NZ Ltd - 2021-068 (13 October 2021)
2021-068

The Authority has not upheld a complaint about an item on The Project examining the history of violence and conflict between Israelis and Palestinians and ‘what’s different this time’. The complainant alleged the maps illustrating the dispossession of Palestinian land were inaccurate, minimised original Jewish land, minimised current Palestinian land, and perpetuated ‘lies that are used to delegitimise the State of Israel’. The Authority acknowledged that Israeli and Palestinian entitlement to land is a highly sensitive and contested issue. It found the maps contained some inaccuracies and the broadcaster had not made sufficient effort to ensure their accuracy. However, any inaccuracies were unlikely to significantly affect the audience’s understanding of the programme as a whole. In addition, the value in theexpression in the broadcast meant regulatory intervention was not justified in this instance. The Authority reminded broadcasters of the importance of accuracy and consistency when reporting on this issue....

Decisions
Julian and Discovery NZ Ltd - 2020-152 (20 April 2021)
2020-152

The Authority has not upheld a complaint that an item summarising latest election poll results on Newshub breached the accuracy standard. The standard applies only to statements of fact, and the statements in question were clearly distinguishable as news analysis. Not Upheld: Accuracy...

Decisions
Andrews & Murray and Radio New Zealand Ltd - 2020-153 (13 May 2021)
2020-153

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

Decisions
Hogan and Discovery Ltd - 2021-089 (10 November 2021)
2021-089

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm breached the accuracy standard. The item reported on inconsistencies and ‘a backdown of sorts’ regarding a discussion document on proposed changes to hate speech laws in New Zealand. The Prime Minister and Justice Minister were accused of contradicting each other and the discussion document. As the item was political comment and analysis, the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
Ekalgadda and Radio Virsa - 2020-047 (14 October 2020)
2020-047

The Authority did not uphold a complaint that an episode of the talkback programme Dasam Granth Da Sach breached the accuracy standard. The host, while engaged in discussion with a caller, had made statements that the complainant alleged were unsubstantiated comments about a historical event that had the potential for disrupting harmony between the Sikh and the Hindu communities. The Authority found that the accuracy standard did not apply in this instance as the programme was not a news, current affairs or factual programme and the relevant statements were clearly distinguishable as analysis, comment or opinion, rather than statements of fact. Not Upheld: Accuracy...

Decisions
Brevoort, Pridham & Stone and Television New Zealand Ltd - 2021-154 (21 March 2022)
2021-154

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...

Decisions
Sheehan and Television New Zealand Ltd - 1998-096
1998-096

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

Decisions
Banbury and Curley and TV3 Network Services Ltd - 1999-060, 1999-061
1999-060–061

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

Decisions
Williamson and TVWorks Ltd - 2010-077
2010-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item reported on SPCA seizing neglected horses from Douglas Williamson’s farm – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers would not have been misled by either item – not upheld Standard 6 (fairness) – Williamsons were well aware of the nature of the programmes and were given a fair opportunity to comment – not unfair – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 30 March 2010, was introduced by the presenter saying, “Tonight we’re exclusively with the SPCA and police as they seize dozens of neglected horses from a Christchurch farm. ” The presenter said: . . ....

Decisions
Batchelor and Television New Zealand Ltd - 2009-123
2009-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

Decisions
Bennachie and TVWorks Ltd - 2008-094
2008-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Decisions
Francis and Television New Zealand Ltd - 2007-041
2007-041

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Decisions
Baxter and Television New Zealand Ltd - 2004-221
2004-221

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

Decisions
Comalco (NZ) Ltd and Television New Zealand Ltd - 1994-014
1994-014

SummaryA Frontline programme broadcast on 12 September 1993 focused on the electricity pricingarrangements between Comalco (NZ) Ltd and ECNZ and raised questions about the ratescharged to domestic and large commercial consumers. Comalco (NZ) Ltd, through its solicitors, complained to Television New Zealand Ltd thatthe item lacked objectivity and left misleading and damaging impressions. In particular itobjected to the implication that Comalco's electricity was subsidised by domestic consumers,and to the suggestion that its recent pricing agreement with ECNZ was to be kept secret soas to avoid embarrassing the government in the pre-election period. Maintaining that an investigation of the pricing arrangements was in the public interest,TVNZ rejected all aspects of the complaint. It argued that the question about whether thearrangement was a subsidy or a discount was balanced by comment from Comalcoofficials and from energy analysts....

Decisions
George and Television New Zealand Ltd - 2002-084
2002-084

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....

Decisions
Dougherty and Television New Zealand Ltd and TVWorks Ltd - 2010-142
2010-142

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and 3 News – items reported on New Zealand Film and Television Awards – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – material to be included in news items is a matter of editorial discretion not broadcasting standards – Authority declines jurisdiction to accept and consider the complaints on the grounds that Mr Dougherty did not lodge valid formal complaints with the broadcasters This headnote does not form part of the decision. Broadcast [1] On Sunday 19 September 2010, both One News (broadcast on TV One) and 3 News (broadcast on TV3) reported on the results of the Qantas Film and Television Awards which had been announced the previous evening. Complaints [2] Ian Dougherty made formal complaints to Television New Zealand Ltd and TVWorks Ltd, the broadcasters, alleging that the news items breached Standard 5 (accuracy)....

Decisions
Right to Life New Zealand Inc & Kavanagh and Television New Zealand Ltd - 2023-001 (1 May 2023)
2023-001

The Authority has not upheld complaints an item on Sunday breached the accuracy, balance, fairness, and discrimination and denigration standards. The broadcast featured a 30 minute report on Aotearoa New Zealand’s medical staffing shortages, and explored whether this issue could be alleviated by the migration of medical staff from the USA, particularly those dissatisfied with the Supreme Court’s recent overturning of Roe v Wade. The complainants considered the broadcast unbalanced, favouring a ‘pro-choice’ perspective....

Decisions
Spring and Radio New Zealand Ltd - 2023-079 (29 November 2023)
2023-079

The Authority has not upheld a complaint that an interview with a woman concerning her removal from an anti-co-governance meeting on Morning Report breached the balance, fairness and accuracy standards. The complainant alleged the broadcaster should have included balancing comment from, or interviewed Julian Batchelor (the speaker at the event concerned). The Authority found the interview did not require balancing comment as it did not ‘discuss’ the issue of co-governance, and did not treat Batchelor unfairly. The woman’s removal alone did not constitute a controversial issue of public importance. The accuracy standard did not apply as the complainant did not allege any statements were misleading. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Parlane and Radio New Zealand Ltd - 2018-072 (14 November 2018)
2018-072

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....

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