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Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

The Authority has not upheld a complaint that two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and US Palestinian writer and journalist Dr Ramzy Baroud was not upheld. The complaint was that the interview was unbalanced because there was no alternative perspective presented to counter Dr Baroud’s views that Israel’s actions amounted to ‘incremental genocide’ of the Palestinians, among other things. The Authority found RNZ made reasonable efforts as required by the balance standard, taking into account Ms Hill’s challenging of Dr Baroud and the use of devil’s advocate questioning, and other contextual factors. The Authority acknowledged that some may not agree with the terms used by Dr Baroud during the interview, but ultimately found that restricting the broadcaster’s or Dr Baroud’s right to freedom of expression would be unjustified....

An episode of Marcus and Joni breached the accuracy standard as it contained inaccurate and misleading information about COVID-19 vaccines and their safety. It also promoted conspiracies and advocated for ineffective remedies. The Authority found the broadcaster had not made reasonable efforts to ensure the accuracy of the programme, particularly as the guests were not recognised experts in the subjects discussed. The balance and programme information standards did not apply. Upheld: Accuracy Not Upheld: Balance, Programme Information Orders: Daystar: Section 13(1)(a) – broadcast statement; Section 16(4) – $500 costs to the Crown; Mainland: Section 16(4) - $500 costs to the Crown...

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....

A complaint alleging that an interview on Breakfast with Professor Douglas Pratt, an expert in theological and religious studies, breached broadcasting standards has not been upheld. The interview was exploring Professor Pratt’s views on the possible motivation behind the attacks on 15 March 2019 on two mosques in Christchurch. The Authority found that the interview was not a discussion as contemplated under the balance standard, but rather Professor Pratt’s in-depth, expert opinion, and therefore the balance standard did not apply. The Authority also found that the broadcast did not contain a high level of condemnation towards the Christian community nor the level of malice or nastiness required to breach the discrimination and denigration standard. Not Upheld: Balance, Discrimination and Denigration...

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

The Authority has not upheld a complaint that comments made by Duncan Garner and Judith Collins on The AM Show breached the balance and law and order standards of the Radio Code of Broadcasting Practice. The Authority found that the comments identified did not amount to a discussion of a controversial issue of public importance, so the balance standard did not apply. The Authority also found that the broadcast did not breach the law and order standard as it did not contain any content which would have encouraged audiences to break the law. Not Upheld: Balance, Law and Order...

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

The Authority has not upheld a complaint that commentary during live coverage of a Black Caps test match amounted to socially irresponsible alcohol promotion, in breach of the promotion of illegal or antisocial behaviour standard. The subject of alcohol purchase and consumption did not comprise most of the segment. Aside from commentator Scotty Stevenson stating he was ‘all for […] casually deleting a bunch of tins’, the discussion did not explicitly reference alcohol consumption. Any inferences that could be made about alcohol consumption were not antisocial and did not amount to advocacy of excessive alcohol consumption. The balance and privacy standards either did not apply or were not breached. Not Upheld: Promotion of Illegal or Antisocial Behaviour, Balance, Privacy...

The Authority has not upheld complaints under the accuracy, balance and fairness standards from several complainants about a broadcast of AM on 1 September 2022. The morning news broadcast contained two segments about a recent ‘backtrack’ by the Government on a proposal to apply GST to management services supplied to managed funds (including KiwiSaver). During the first segment, this was described as ‘a tax on your retirement savings’. In the second segment, the specifics of the proposed tax were clarified: ‘technically it wasn't a tax on KiwiSaver funds, it was a tax on the fees applied to KiwiSaver funds’. The Authority found the alleged inaccuracy in the first segment was immaterial to the audience’s understanding of the broadcast as a whole, and mitigated by the second segment where a more detailed description of the proposal was provided....

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....

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Summary [This summary does not form part of the decision. ] A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting....

The Authority has not upheld a complaint that a segment of Seven Sharp misrepresented the seriousness of coeliac disease. The segment, which was focused on the benefits and risks of being part of clinical trials to test new medicines, briefly showed a sign saying, ‘Coeliac Disease Leaving You Bloated? ’, with an image of a puffer fish, and noted those suffering from ‘bloat’ might consider signing up for a trial. The complainant considered comparing coeliac disease to ‘a bit of bloat’ was inaccurate and unbalanced. The Authority noted the broadcast did not describe the disease as ‘a bit of bloat’. The fleeting references to bloating as a symptom of coeliac disease were not material to the segment and would not have misled the audience to believe it was the only symptom, or the most serious symptom, of the disease. The balance standard did not apply. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression....

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon discussed raising the youth justice age. The presenter interviewed a human rights lawyer, a youth worker and the director of JustSpeak. The Authority did not uphold a complaint that the segment was unbalanced. While the interviewees featured all supported raising the youth justice age, the presenter referred to the existence of alternative views on a number of occasions during the item. The issue was also canvassed in detail in other media coverage during the period of current interest, therefore audiences would be aware of a variety of perspectives beyond those put forward by the interviewees....

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....