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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 84/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D V BLOMFIELD of Waikanae Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-129 Dated the 9th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GREEN SOCIETY Broadcaster MAI FM LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that the use of the term ‘disputed’ in a Newshub item, to describe the land the United States (US) Embassy sits on in East Jerusalem, breached the accuracy standard. The broadcast covered a recent protest in Gaza over the opening of the US Embassy in Jerusalem and the US calling Jerusalem the capital of Israel. The Authority noted that the accuracy standard requires only that the broadcaster make ‘reasonable efforts’ to ensure the accuracy of the broadcast. In this case, the reporter used the term ‘disputed’ in the ordinary sense of the word, to identify the US Embassy’s location, which is the subject of dispute between Palestine and Israel....

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on anti-whaling demonstrations targeted at Japan – reporter stated, “. . . protesters marched through the streets of Auckland calling for illegal whaling to be stopped” – allegedly inaccurate FindingsStandard 5 (accuracy) – reference to “illegal whaling” not a material point of fact – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 5 November 2010, reported on New Zealand anti-whaling activists that took part in worldwide demonstrations targeted at Japan. The newsreader introduced the item as follows: Today is International Whaling Day and to mark it hundreds of protestors marched in Auckland and Wellington....

ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – introducing an item about events on Waitangi Day, the presenter referred to the Treaty of Waitangi as “the nation’s founding document” – description of Treaty allegedly inaccurateFindingsStandard 5 (accuracy) – reporter’s description of the Treaty as “the nation’s founding document” was not a material statement of fact to which the accuracy standard applied – description would not have misled viewers about the status of the Treaty – item not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] A One News item broadcast on Waitangi Day, 6 February 2013, covered the Prime Minister’s visit to, and reception at, Waitangi that day....

Download a PDF of Decision No. 1993-161:Baby Relax (NZ) Ltd and Television New Zealand Ltd - 1993-161 PDF1. 3 MB...

Download a PDF of Decision No. 1993-146:Bryant and TV3 Network Services Ltd - 1993-146 PDF305. 77 KB...

Download a PDF of Decision No. 1991-037:Ngaei and Radio New Zealand Ltd - 1991-037 PDF727. 04 KB...

Summary [This summary does not form part of the decision. ]At the end of a One News weather segment, the weather presenter made reference to ‘bejewelled, corpulent, affluent tourists with big fat wallets’ in relation to a photo of a cruise ship. The Authority did not uphold the complaint that the comment was inaccurate and in poor taste. While derogatory, it did not reach the threshold for threatening current norms of good taste and decency. The comment was an off-the-cuff remark delivered in a light-hearted tone, without invective, and was obviously intended to be humorous. Not Upheld: Good Taste and Decency, Accuracy, Discrimination and DenigrationIntroduction[1] At the end of a One News weather segment, the weather presenter showed an image of a cruise ship anchored in Hawkes Bay, saying: …they’re not disgorging logs; they’re disgorging bejewelled, corpulent, affluent tourists with big fat wallets....

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. ]A RNZ News bulletin reported on the NZ Police Association’s view that a recent spate of Police shootings was the result of ‘too many firearms getting into the wrong hands’. During the bulletin, the presenter said: ‘The Association’s President… says more than 20,000 firearms, including semi-automatic military weapons, are stolen or sold to offenders each year. ’ The Authority upheld a complaint that the presenter’s reference to more than 20,000 firearms being stolen or sold to offenders was inaccurate. According to the Police Association, the President should have been quoted as saying ‘over 50,000 firearms enter the country each year, a number of which are stolen or sold to offenders’....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

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 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...