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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – allegedly broadcast statement that eight Fijian nationals had died in Christchurch earthquake – allegedly in breach of good taste and decency, accuracy, and responsible programming standards FindingsStandard 5 (accuracy) – not news, current affairs or factual programming – clearly caller’s opinion rather than statement of fact – Apna broadcast a follow-up statement – not upheld Standard 8 (responsible programming) – caller’s comment was opinion – listeners should have been aware that Apna is a small-scale community radio station and could have sought up-to-date information about the earthquake from larger media outlets – not upheld Standard 1 (good taste and decency) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...

Download a PDF of Decision No. 1992-008:Cook Islands Pearls Ltd and TV3 Network Services Ltd - 1992-008 PDF982. 08 KB...

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary[This summary does not form part of the decision. ]Seven items on Morning Report contained references to greenhouse gas emissions, specifically agricultural emissions and the outcomes of discussions at the United Nations Climate Change Conference in Paris (COP 21). The Authority did not uphold a complaint alleging it was inaccurate and unbalanced to state or infer that livestock emissions amount to half of New Zealand’s total emissions. The Authority found that references to the amount of livestock emissions in several of the items were not material points of fact to which the accuracy standard applied. In relation to the other items the Authority was satisfied that the broadcaster made reasonable efforts to ensure accuracy as it drew on a range of reputable sources and scientific evidence in support of the statements made....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....

The Authority has not upheld a complaint that two answers provided during Mastermind New Zealand, about historical New Zealand events, were inaccurate and unbalanced. The Authority noted that both questions appeared to have been answered accurately by the contestant. Viewers were unlikely to be left misled or misinformed by the omission of further context around these answers, particularly given the well-known quiz format of the programme. The programme did not discuss a controversial issue of public importance, given historical events were raised only briefly in the form of quiz questions, and the requirements of the balance standard therefore did not apply.   Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint that a Newshub Live broadcast reporting on the United Kingdom’s Prime Minister Boris Johnson’s treatment for COVID-19 was inaccurate when it referred to President Donald Trump as ‘the world’s leading expert on fake news’. The Authority considered the statement was distinguishable as a statement of opinion and accordingly the accuracy standard did not apply. Not Upheld: Accuracy  ...

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, covering the reactions of world leaders to the Capitol Hill riots in Washington DC, that referred to Iran’s president Hassan Rouhani as ‘Iran’s dictator’. The Authority found the description was not a material fact in the context of the item, and in any case the caption describing Mr Rouhani as ‘President of Iran’ reduced any risk of viewers being misled. Not Upheld: Accuracy...

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 52/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News Insight: "Learning the Hard Way" – documentary about privately-run tertiary courses – segment about the film industry included references to The Film School – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – complaint more appropriately assessed under fairness – not upheld Standard 5 (accuracy) – fact alleged to be inaccurate was expression of opinion to which standard does not apply – not upheld Standard 6 (fairness) – item about students getting “duped” by substandard courses – only institution identified was The Film School – implied The Film School was one of these substandard courses – no evidence to suggest that it was substandard – unfair – upheld Order Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision....

ComplaintConcert FM – Classical Chart – chart not an accurate reflection of top 10 classical recordings sold each week in New Zealand FindingsPrinciple 6 – not "news and current affairs" – musical entertainment – no uphold This headnote does not form part of the decision. Summary [1] Concert FM’s Classical Chart is a weekly programme broadcast on Concert FM. The programme lists the top 10 classical recordings sold in New Zealand that week. [2] Warwick Bennett complained to Radio New Zealand Ltd, the broadcaster, that the Classical Chart did not accurately represent the sales of classical albums in New Zealand. He argued that some classical albums were being excluded. [3] RNZ declined to uphold the complaint that the chart was inaccurate, stating that whether certain albums were listed or not was in part a matter of editorial judgment....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: Did Mark Lundy Kill His Wife and Daughter?...