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Summary [This summary does not form part of the decision. ]One of the hosts of talkback show, The Two, treated two callers in a way that the complainant considered to be unfair. The broadcaster upheld his complaint in relation to one of the callers. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the broadcast otherwise breached standards. Talkback radio is recognised as a robust and opinionated forum in which hosts may sometimes behave rudely. The host in this case was expressing her opinion, and her comments did not go beyond what could reasonably be expected....

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint alleged the segment breached the accuracy standard as the report inaccurately described the composition and safety of the vaccine. The Authority found it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In any event, the segment was materially accurate. Not Upheld: Accuracy...

The Authority did not uphold a complaint a reference to ‘Māori currently waiting 12 months longer than others for surgery’ in the introduction of a 1 News item breached the accuracy, discrimination and denigration, and fairness standards. The Authority accepted the reference was inaccurate, as it should have said ‘Māori were more likely than others to be waiting 12 months for surgery’ (not waiting 12 months longer). However, the Authority found the inaccuracy was not material, given the item’s focus on the pressures on the health system, potential negative outcomes of long waiting times, and the Planned Care Taskforce’s recommendations to reduce waiting times. In this context, the brief reference to Māori wait times in the introduction was unlikely to significantly affect viewers’ understanding of the item as a whole. The discrimination and denigration and fairness standards did not apply. Not Upheld: Accuracy, Discrimination and Denigration, Fairness...

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]An item on Sunday Morning with Wallace Chapman, titled ‘Abortion and Civil Liberties – the Thames Stand-Off’, discussed ‘pro-life’ protestors, Voice for Life, and their longstanding protests outside Thames Hospital. The Authority did not uphold a complaint that the presenter was biased and that his treatment of the ‘pro-life’ representative was negative, unfair and unbalanced in comparison to his treatment of the ‘pro-choice’ representative. The Authority found that Mr Chapman’s treatment of the interviewees did not result in an unbalanced broadcast, as both perspectives on the debate were adequately put forward during the programme. While Mr Chapman’s questioning of the ‘pro-life’ representative was robust, his criticisms related to the Voice for Life group as a whole, and he did not attack the interviewee personally or come across as abusive towards her, such that she was treated unfairly....

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

The Authority has not upheld a complaint that an item on Breakfast stating ‘20 million tonnes of plastic waste’ was being exported each year breached the accuracy standard. The figure was accepted as inaccurate (with an estimate of 35,000 tonnes more likely). However, in the context of an item focussed on a petition to address the harm caused to other countries as a result of New Zealand’s large-scale plastic waste exports, the Authority found it was unlikely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

ComplaintTV One – coverage of Olympic Games opening ceremony advertised as being live – untruthful and inaccurate FindingsStandard G1 – implication perhaps misleading – no incorrect facts broadcast – no uphold This headnote does not form part of the decision. Summary The Olympic Games Opening Ceremony was broadcast on TV One on the evening of 14 September 2000. Advertising breaks were included during the programme. Bryan Bluck complained to Television New Zealand Ltd, the broadcaster, that the extensive advertising prior to the opening of the Olympic Games implied that the broadcast would be live. In fact, he said, after the first advertising break, it was a delayed telecast. He emphasised that his complaint was not that the programme contained advertising, but that the promotions had implied it would be a direct broadcast rather than a delayed one....

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Download a PDF of Decision No. 1993-171–172:Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172 PDF1. 28 MB...

The Authority has not upheld a complaint that an interview with a woman concerning her removal from an anti-co-governance meeting on Morning Report breached the balance, fairness and accuracy standards. The complainant alleged the broadcaster should have included balancing comment from, or interviewed Julian Batchelor (the speaker at the event concerned). The Authority found the interview did not require balancing comment as it did not ‘discuss’ the issue of co-governance, and did not treat Batchelor unfairly. The woman’s removal alone did not constitute a controversial issue of public importance. The accuracy standard did not apply as the complainant did not allege any statements were misleading. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....

The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-020 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAURIE SANDERS of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989 New Zealand First Election Advertisement – stated that “only Winston and New Zealand First can save the foreshore and seabed for our family” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – statement was clearly opinion and promotion of New Zealand First policy – guideline 5a to Standard 5 exempts opinion from standards of accuracy – election programmes broadcast in robust political environment and listeners would have interpreted the advertisement accordingly – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for New Zealand First was broadcast on Newstalk ZB on 21 November 2011 at approximately 10. 40pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...