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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on Government’s spending review to assist with the cost of the Christchurch earthquake – showed footage of students helping with the clean-up and stated that “Canterbury students have been out on the streets cleaning up Christchurch, but today they weren’t being thanked, they were being targeted by the Finance Minister” – showed Finance Minister stating that the Government was not “ruling anything in or out” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement that students were being “targeted” amounted to political commentary – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr English is a political figure – item clearly portrayed his position on interest-free student loans – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Download a PDF of Decision No. 1993-089:Credo Society Inc and Access Community Radio Inc - 1993-089 PDF447. 43 KB...

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

Summary [This summary does not form part of the decision. ]A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The Authority did not uphold the complaint that the number of victims cited was inaccurate. The broadcaster made reasonable efforts to ensure the item’s accuracy by obtaining the figure from a United Nations report. Not Upheld: Accuracy, FairnessIntroduction[1] A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The newsreader said the meeting was ‘a gesture aimed at expressing [the Pope’s] closeness to the tens of thousands of people abused by priests around the world’. The report was broadcast on Newstalk ZB on 5 July 2014....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. The Authority did not uphold complaints that the item was unbalanced and inaccurate because it was more favourable to the ‘pro-fat’ side of the debate. The broadcaster clearly made efforts to interview experts on both sides of the debate, and viewers were left to make up their own minds or seek further information about the merits of the diet. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. A reporter interviewed a number of experts, and also talked to several people who had experienced weight loss and health benefits from the diet. The item aired on TV3 on 23 April 2014....

Summary[This summary does not form part of the decision. ]On an episode of Seven Sharp, the hosts discussed the Trans-Pacific Partnership (TPP) and interviewed a law professor. The professor explained the contrast between the dispute resolution mechanisms of the TPP and those of the World Trade Organisation (WTO). After the interview, one host asked the other, ‘So these foreign countries could potentially hold the government for ransom down the track? Surely it goes both ways; surely we’ll have some control’. The other host replied, ‘Of course it does. Who did we take to the WTO? We’ve taken a number of countries to the WTO. . . ’ The Authority did not uphold a complaint that this was misleading in that it suggested that TPP disputes would go through a similar process as the WTO, when in fact this was not the case for investor-state disputes....

Paula Rose 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. ]On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7. 8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Summary[This summary does not form part of the decision. ]An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease. ’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]An item broadcast during RNZ News reported on cycling campaigner Peter Walker’s new book, following an interview between RNZ and Mr Walker earlier that day. The item reported that helmets ‘do little to improve safety’ and are ‘stopping people from taking up cycling’. The Authority did not uphold a complaint that the omission of any reference to Mr Walker’s position on mandatory helmet legislation was misleading as Mr Walker is not ‘against helmets’ but rather against mandatory helmet laws. The Authority found that, while the short news item truncated a sophisticated topic and did not refer to Mr Walker’s views on mandatory helmet legislation, the ideas communicated in the news item were not materially different to the key themes communicated by Mr Walker during his earlier interview broadcast on RNZ....

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an interviewee’s reference to ‘the Queen of England’, during an episode of Waka Huia, was inaccurate and discriminatory towards those in the United Kingdom who were not English. The complainant has previously referred a number of complaints about this issue to the Authority, which were either not upheld, with comprehensive reasons given for the Authority’s decision, or which the Authority declined to determine. The complainant’s appeal of a previous decision to the High Court on a similar issue was also dismissed. The Authority therefore declined to determine the complaint under section 11(a) of the Broadcasting Act 1989, on the grounds that it was trivial and vexatious....

The Authority has not upheld a complaint that two answers provided during Mastermind New Zealand, about historical New Zealand events, were inaccurate and unbalanced. The Authority noted that both questions appeared to have been answered accurately by the contestant. Viewers were unlikely to be left misled or misinformed by the omission of further context around these answers, particularly given the well-known quiz format of the programme. The programme did not discuss a controversial issue of public importance, given historical events were raised only briefly in the form of quiz questions, and the requirements of the balance standard therefore did not apply.   Not Upheld: Accuracy, Balance...