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Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

The Authority has not upheld a complaint that a Newshub Nation item reporting poll results on support for Auckland Central constituency candidates was misleading, as it excluded undecided voters. The Authority found the results were not inaccurate or misleading in the context of the whole item. There was lengthy discussion that followed concerning the poll results and the views of each of the candidates, and at the end of the item, the reporter advised more than 20% of voters still had not decided which candidate to support. Overall, the Authority did not find actual or potential harm that justified regulatory intervention or limiting the right to freedom of expression. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a broadcast of The Project breached the accuracy standard. It stated Joe Rogan had taken ‘horse wormer ivermectin as a COVID treatment’. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. Not Upheld: Accuracy...

The Authority has not upheld a complaint that an interview between Indira Stewart and Hon Judith Collins as part of Breakfast’s ‘weekly check-in’ with the Leader of the Opposition breached the balance and accuracy standards. While acknowledging the robust and heated nature of the interview, the Authority found that as the segment was an interview with the Leader of the Opposition, and provided her with the opportunity to respond at length, the balance standard was not breached. Further, while the complainant considered Stewart’s line of questioning and comments to be uninformed and inaccurate, the Authority found that these were not ‘statements of fact’ to which the accuracy standard applied. Not Upheld: Balance and Accuracy...

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Leigh Pearson 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. ] An item on ONE News reported on concerns around a government-funded survey of health professionals and their views on voluntary euthanasia. It said that the survey was run by researchers who support assisted dying, and that it was alleged that the research was biased and flawed. The Authority did not uphold a complaint alleging that the item was unfair to the researchers involved and to the university through which the research was run, as well as inaccurate and unbalanced. Comment was sought from the university and the researchers, whose position was presented in the university’s response and fairly reported in the item....

Summary[This summary does not form part of the decision. ]Various items on Breakfast featured a weather reporter providing weather forecasts from Airbnb accommodation, as part of a competition for viewers to win Airbnb vouchers. During the items, the reporter interviewed three New Zealanders who rented out their accommodation through Airbnb, as well as an Airbnb representative, about the service. The Authority did not uphold a complaint that these items failed to cover key information about Airbnb, resulting in inaccurate and unbalanced broadcasts that were also in breach of the law and order standard. The items were in the nature of advertorials, being programme content that was not news, current affairs, or factual programming to which the accuracy and balance standards applied....

The Authority has not upheld a complaint alleging an item on AM breached several standards including accuracy. The broadcast attributed several acts of violence against police, during the February–March 2022 protest and occupation of Parliament grounds, to protesters. The complainant stated there was no evidence the events occurred, and that there was no evidence the violence was caused by protesters. The complainant also submitted the broadcast implied a reporter was ‘manhandled’ on Parliament grounds when in fact she was on Lambton Quay. The Authority found the broadcast was not materially misleading and the broadcaster made reasonable efforts to ensure accuracy. The fairness and discrimination and denigration standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint about an item on 1 News, which reported on the results of a Colmar Brunton poll concerning party support and leader popularity, in comparison to a previous poll, without presenting the margin of error. The complaint alleged the broadcaster misrepresented the significance of the change in results by excluding the margin of error. The Authority found that polling is a speculative exercise and the public understands this, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

The Authority has not upheld a complaint under the accuracy and balance standards about an item discussing the impact of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) on medical research, particularly in the context of COVID-19 vaccines. The item contained opinions from three scientists, which were not subject to the factual accuracy requirement and were presented accurately. The item was not required to include detail about how the HSNO Act regulated outdoor use of genetic modification compared to medical or laboratory use, as this was not material to the broadcast. The item also contained differing views, so balance was achieved within the programme. Not Upheld: Accuracy, Balance...

Summary[This summary does not form part of the decision. ]The Authority upheld a complaint under the accuracy standard about an item on 1 News, which discussed the Auckland Council’s vote on the draft proposal for the Auckland Regional Fuel Tax (the Tax). The Authority found the segment, through the omission of key information about the ongoing consultation and the presenter’s use of the terms ‘green light’ and ‘done deal’, was likely to mislead viewers into thinking the proposal voted on by the Council was final and that there was no further period of public consultation. The importance of keeping audiences informed on issues of public and political significance was emphasised by the Authority....

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-164 Decision No: 1996-165 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BRENDAN TUOHY (2) of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint Radio New Zealand’s news headlines regarding the government’s anticipated plans for replacement of the Interislander ferries breached the accuracy standard. The complainant said the headlines, stating the government’s plan was ‘reportedly to buy two smaller ships for $900 million, much more than the $551 million Labour’s paid’, were ‘mischievous’ noting the government’s intention to reduce costs, the ship cost component was implied to be ‘total project costs’ suggesting a substantial increase, and the comparisons of partial costs were ‘meaningless and speculation. ’ The Authority found the headlines were comment or opinion to which the accuracy standard does not apply....