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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-105 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND MINERALS INDUSTRY ASSOCIATION Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...
SummaryA news report on Radio New Zealand’s Morning Report on 20 November 1998 at about 7. 30am stated: "In Israel more land is to be handed over to the Palestinians". Ms Zarifeh, on behalf of the Wellington Palestine Group, complained to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate. She pointed out that the land in question was not in Israel, but was illegally occupied by Israel. It was wrong, she continued, to convey the impression that Israel was somehow being generous in giving the land away. The Group had complained about such inferences in reporting on a number of occasions in the past, she noted, and it was unfortunate that RNZ had "resumed the practice of mislabelling the boundaries of the Middle East....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...
ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....
Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....
Summary [This summary does not form part of the decision. ] Items broadcast on Prime News and ONE News used the terms ‘train’ and ‘carriage’. The Authority declined to determine complaints the items contained inaccurate use of railway terminology on the basis they were trivial, and the Authority has previously declined to determine complaints from Mr Rice on the same issue. Declined to Determine: Accuracy Introduction [1] A Prime News item and promo broadcast on 28 February 2014, reported that KiwiRail's DL locomotives had been found to contain asbestos, and referred to ‘train’ and ‘carriage’. A ONE News item broadcast on 27 May 2014, reported on a train that derailed and crashed into a stop-block, and referred to ‘carriage’....
Summary[This summary does not form part of the decision. ]During her ‘final word’ segment on Seven Sharp presenter Toni Street discussed her support for arming front-line police officers with tasers and mentioned the recent murder of Blessie Gotingco. The Authority did not uphold a complaint that her comments were inaccurate and misleading. Ms Street’s comments were clearly opinion which were exempt from standards of accuracy; she did not connect the use of tasers to Blessie Gotingco’s murder; and she did not make any statements of fact that were inaccurate or would have misled viewers. Not Upheld: AccuracyIntroduction[1] During her ‘final word’ segment on an episode of Seven Sharp, presenter Toni Street discussed her support for the recent move to arm front-line police officers with tasers. She said:Alright, according to our poll on tasers tonight. . . drumroll. . ....
Summary[This summary does not form part of the decision. ]During Breakfast, host Hayley Holt had a conversation with the 1 News US Correspondent about recent school protests in America seeking gun reform. The Authority did not uphold a complaint that Ms Holt’s statement that ‘[w]e, I – here in New Zealand, we think they should ban all guns of course’ was unbalanced and likely to mislead viewers. The Authority found that Ms Holt’s statement was one of generalised opinion and analysis, not a statement of fact. The Authority also noted that this segment solely focused on gun control issues in the USA, not New Zealand, and in this context Ms Holt’s brief comment did not trigger the requirements of the balance standard. Not Upheld: Accuracy, BalanceIntroduction[1] During Breakfast, host Hayley Holt had a conversation with the 1 News US Correspondent about recent school protests in America seeking gun reform....
The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...
An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...
The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...
The Authority has issued a split decision in relation to a Sunday item which reported on a ‘silicosis epidemic’ in Australia’s engineered stone workforce and raised questions about New Zealand’s response to the same concerns, suggesting New Zealand is failing to address its own ‘looming health crisis’. The complaint alleged the broadcast breached the accuracy and balance standards as it misled the audience to believe the industry in New Zealand had the same regulatory failings as Australia, and was unbalanced as it omitted other perspectives on the New Zealand situation (for example, from the industry). The Authority did not uphold the accuracy complaint, finding it was reasonable for TVNZ to rely on the selected interviewee as a local authoritative source and spokesperson on this issue....
The Authority has not upheld a complaint regarding an item on 1News covering a Hobson’s Pledge campaign against bilingual road signage. The complaint was that the coverage was biased and unfair by suggesting feedback using the Hobson’s Pledge template was ‘bad’, trying to influence how people gave feedback, and only interviewing members of the public in support of bilingual signage. The Authority found the broadcaster provided sufficient balance and the item was not unfair, as Hobson’s Pledge was given an opportunity to comment, and its position was adequately presented in the item. The complaint did not identify any inaccurate statement or reasons why the item was inaccurate, and the discrimination and denigration standard did not apply. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...
The Authority has not upheld a complaint a 1News segment on James Shaw’s decision to resign as co-leader of the Green Party breached the accuracy, balance, and fairness standards for including a statement from former Prime Minister Chris Hipkins that emissions had decreased for three years in a row. The Authority found the statement was not a material fact likely to impact the audience’s understanding of the broadcast as a whole – which was focussed on Shaw’s resignation and legacy and not on emissions levels. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance and Fairness...
The Authority has not upheld two complaints that it was inaccurate for a 1News reporter to state ‘[The International Court of Justice] so far has said it's plausible that genocide is happening on the ground in Gaza’. The complainants alleged the court’s ruling only stated Palestinians had plausible rights to be protected from genocide, rather than finding genocide was plausible. The Authority found the nature of the ICJ ruling represented a statement of fact to which the standard applied, but did not consider the statement was materially misleading taking into account the legal technicalities in the ruling and the subsequent clarification, the continued debate around the ICJ’s ‘plausibility’ test, and the context of the item. Not Upheld: Accuracy...
The Authority has not upheld a complaint that a TVNZ news report concerning an Israeli military operation in the Occupied West Bank breached the balance and accuracy standards. The Authority found the balance standard was not breached as the requirement to present additional perspectives is reduced for programmes narrowly focused on one aspect of a larger complex matter, and the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage. While noting the balance standard is not directed at bias, the Authority also identified no bias in the language used in the broadcast. The Authority also found reasonable viewers were unlikely to be misled by the content, language used or absence of further context. Not Upheld: Balance and Accuracy...
The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. 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 to determine her personal view on the topic....
The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...
The Authority has not upheld complaints an item on 1 News reporting on Immigration New Zealand’s decision to review Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand breached broadcasting standards. The complainants were concerned with: the report’s description of Parker as ‘anti-trans’ and of neo-Nazis ‘supporting’ Parker; the lack of interviewees supporting Parker in the reports; and the unfair treatment of Parker. The Authority found the items were sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; any criticism of Parker did not exceed the robust scrutiny expected of public figures; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views) or to state that neo-Nazis ‘supported’ her at a previous rally. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...
The Authority has not upheld a complaint alleging a clarification broadcast by 1News, stating ‘Israel says it does not target civilians in any of its actions’, breached the accuracy standard because the statement was a ‘blatant inaccuracy’. The Authority found the broadcast did not state as fact that Israel does not target civilians. It accurately reported Israel’s official position and clearly attributed the statement to Israel. Not Upheld: Accuracy...