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The Authority has partially upheld a complaint in relation to the accuracy of a Newshub Live at 6pm item about a person alleged to have harmed greyhounds. It alleged details about the accused were inaccurate and images of an unrelated dog accompanying the report were misleading. The Authority found the relevant details regarding the accused were not materially inaccurate. It found the broadcaster was correct in upholding the complaint initially in relation to the images used, but action taken in response was not sufficient to remedy the likely reputational damage to the handler and industry. The Authority held publication of this decision was sufficient remedy for the breach in all the circumstances. Upheld: Accuracy (Action Taken) No Orders...

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

The Authority has not upheld a complaint that a Breakfast segment breached the accuracy standard through its reporting on a study by RMIT and Monash Universities. The study found low carbohydrate diets may increase a person’s risk of developing type two diabetes by 20% because people often replace the carbohydrates with unhealthy fats. The complainant considered statements in the broadcast that low carbohydrate diets can increase the risk of developing type two diabetes were wrong and misleading; that the programme inappropriately pushed whole grains and fruit as a better choice compared to healthy fats, red meat, and dairy; and the researcher’s comments regarding the Atkins diet and the results of the study were unreliable. The Authority found the relevant statements would not have misled viewers in the context and it was reasonable for TVNZ to rely on the accuracy of the study and the researcher’s comments. Not Upheld: Accuracy...

The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Fairness ...

The Authority has not upheld a complaint that two interviews on Morning Report, which explored the propriety of funding for a campaign to encourage Māori to register on the Māori electoral roll, breached the balance and accuracy standards. The complainant said the interviews with Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency (WOCA) which funded the campaign, and with Hon Shane Jones, who was asked to comment on the issue, displayed ‘anti-Māori bias’. Noting the broadcast incorrectly stated WOCA was a government agency, the complainant also said listeners would be left with an impression there was corruption taking place based on a false assumption. The Authority found the balance standard was not breached as significant perspectives about the advertising campaign were presented in the broadcast and in other media within the period of current interest....

The Authority has not upheld two complaints about a broadcast of The Panel which briefly discussed public perception of the recognition of a Palestinian state and the panellists’ views on whether Aotearoa New Zealand should sanction Israel. The complaints were made under several standards and included claims the broadcast was unbalanced for not including comment from Palestinians ‘or directly affected individuals’, and treated Palestinians unfairly. Additionally, a panellist’s comment was said to be inaccurate and misleading, and to discriminate against and denigrate Palestinians. Under the balance standard, the Authority found alternative perspectives were provided by the other panellist. In addition, the broadcast: was clearly signalled as approaching the topics canvassed from the panellists’ perspectives; was narrowly focussed on certain aspects of the much larger, complex Israel-Palestine conflict; and listeners were likely to be aware of significant viewpoints given the issues had been frequently covered in a range of media....

The Authority has not upheld a complaint about comments made during Perspective with Heather du Plessis-Allan on Newstalk ZB regarding the New Zealand Police’s decision to continue with charges against Ms Z, the woman involved in the Jevon McSkimming case. The complaint was that the comments – including labelling their relationship an ‘affair’, saying Ms Z was ‘not innocent’, and referencing ‘bunny-boiler behaviour’ – demonstrated classic ‘victim blaming’, minimised and misrepresented Ms Z’s experience, and were unbalanced and unfair. The Authority considered the segment overall was consistent with well-established audience expectations, and any potential offensiveness or unfairness arising from some of the comments did not outweigh the right to freedom of expression or the public interest. The Authority also found the comments were either clearly opinion or not materially inaccurate and not required to be balanced in the context....

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

Download a PDF of Decision No. 1991-029:Dewar and Television New Zealand Ltd - 1991-029 PDF476. 89 KB...

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....