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Decisions
Caughey and Leyland and Television New Zealand Ltd - 2018-009 (10 May 2018)
2018-009

Summary[This summary does not form part of the decision. ] Over two evenings on 6 and 7 November 2017, 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference (COP23), presided over by Fiji. During the 6 November 2017 broadcast, a segment titled ‘Rising Sea Levels’ focused on the relocation of Vunidogoloa in Fiji two kilometres inland. The ‘threat’ of ‘rising sea levels’ was revisited during an item on 7 November 2017, which focused on Kiribati purchasing higher ground in Fiji. The Authority did not uphold complaints from two complainants that these broadcasts were inaccurate and unbalanced on the basis there had been little or no rise in sea levels in Fiji or Kiribati. These items focused on Fiji’s position that it was particularly vulnerable to the impacts of climate change, including rising sea levels....

Decisions
Brill and Television New Zealand Ltd - 2018-028 (18 June 2018)
2018-028

Summary[This summary does not form part of the decision. ]Two items on 1 News reported on extreme weather events in New Zealand, with an item on 8 January 2018 focused on the release of NIWA’s 2017 Annual Report and a 12 January 2018 item reporting on clean-up efforts on the West Coast, following torrential rain and flooding. Brief references were made during these items to the impacts of climate change in New Zealand and particularly on extreme weather events. The Authority did not uphold complaints that these items were inaccurate and unbalanced because climate change was not occurring in New Zealand and the number and intensity of extreme weather events was also not increasing....

Decisions
GL and MediaWorks TV Ltd - 2018-002 (24 August 2018)
2018-002

Summary [This summary does not form part of the decision. ] An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him....

Decisions
Chapple, Grieve & Shierlaw and Television New Zealand Ltd - 2018-085 (28 January 2019)
2018-085

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

Decisions
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Decisions
Loder and NZME Radio Ltd - 2019-006 (20 May 2019)
2019-006

The Authority has not upheld a complaint that an interview broadcast on Newstalk ZB in December 2018, regarding a proposed Police seizure of military style semi-automatic weapons, was unbalanced and inaccurate. The Authority first found that a valid formal complaint had been lodged with the broadcaster (which was required before the complaint could be referred to the Authority), as sufficient information was provided by the complainant for the correct broadcast to be identified and for the broadcaster to respond to the issues raised. The Authority then determined the complaint, finding that balancing perspectives on the issue of Police seizure were presented during news items prior to and following the interview....

Decisions
UJ and SKY Network Television Ltd - 2019-030 (19 August 2019)
2019-030

Warning: This decision contains content that some readers may find distressing. During coverage of the 15 March 2019 attacks on two mosques in Christchurch, SKY Network Television channel 085, Sky News New Zealand, included a number of edited clips taken from the alleged attacker’s 17‑minute livestream video. The Authority upheld a complaint that the broadcast was in breach of the violence and law and order standards. While the broadcast as a whole was newsworthy and had a high level of public interest, the clips themselves contained disturbing violent content, which had the potential to cause significant distress to members of the public, and particularly to the family and friends of victims and the wider Muslim community in New Zealand. In the context of the attacks, the content of these clips also risked glorifying the alleged attacker and promoting his messages....

Decisions
Parker and MediaWorks TV Ltd - 2019-069 (16 December 2019)
2019-069

In an episode of The AM Show, host, Duncan Garner, interviewed economist Cameron Bagrie on the topic of dropping interest rates. During the interview, Mr Bagrie commented regarding the risk of people no longer putting money in the bank, saying, ‘the banks need the money in the bank, because they gotta … get a dollar in the door before they can put the money out the door in the form of a loan. ’ The Authority did not uphold the complaint that the item breached the accuracy standard. The Authority found that Mr Bagrie’s statement was clearly distinguishable as analysis, comment or opinion so the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

Decisions
Ministry of Education & I.D.C. New Zealand Ltd and Mediaworks TV Ltd - 2019-101 (29 June 2020)
2019-101

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

Decisions
Burne-Field and NZME Radio Ltd - 2020-040 (14 September 2020)
2020-040

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

Decisions
End-of-Life Choice Society NZ and Radio New Zealand Ltd - 2020-095 (1 October 2020)
2020-095

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....

Decisions
Walker and Television New Zealand Ltd - 2020-093 (28 January 2021)
2020-093

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

Decisions
Ancel and Television New Zealand Ltd - 2020-112 (16 March 2021)
2020-112

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

Decisions
Wilson and NZME Radio Ltd - 2020-030 (24 August 2020)
2020-030

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible. Not Upheld: Accuracy...

Decisions
Real Nappies Ltd and Television New Zealand Ltd - 2020-148 (31 March 2021)
2020-148

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

Decisions
Watson and Television New Zealand Ltd - 2020-151 (20 April 2021)
2020-151

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...

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Holswich and Discovery NZ Limited - 2020-113 (21 December 2020)
2020-113

The Authority has not upheld a complaint about a segment on Newshub which stated, ‘The White House has reportedly asked about adding President Trump's face to the famous granite carvings at the Mount Rushmore National Memorial’. The complainant submitted the news was fake and Mr Trump had already confirmed this before the broadcast. The Authority noted the statement was qualified by the word ‘reportedly’, and was accurate to the extent such reports had been made. While the segment carried little value in terms of public interest, the Authority found viewers were unlikely to have been misled. Not Upheld: Accuracy...