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Decisions
Parlane and MediaWorks Radio Ltd - 2018-017 (21 May 2018)
2018-017

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Decisions
Foster and Radio New Zealand Ltd - 2020-125 (16 March 2021)
2020-125

An item on RNZ’s Midday Report reported ‘Scientists warn polar bears may become extinct by the end of the century because of climate change. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the statements in the item were clearly framed as predictions, and attributed as being the scientists’ view. Therefore, they were analysis and opinion (rather than statements of fact) and the accuracy standard did not apply. Reporting on the predicted future impact of declining sea ice on polar bear survival, as shown in studies, did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

Decisions
Hoadley and Television New Zealand Ltd - 2024-085 (28 January 2025)
2024-085

The Authority has not upheld a complaint, under the balance and accuracy standards, about an item on 1News reporting on a New Zealand scientist’s research trip to Greenland. The complainant alleged that a comment made by the host that ‘if all the ice in Greenland were to melt, the sea would rise by seven metres,’ was incorrect, as research shows the sea level rise to be occurring at a much lower rate. The Authority did not uphold the complaint, noting reasonable viewers were unlikely to interpret the broadcast in the way the complainant described and were unlikely to be misled by the absence of further supporting information or information regarding who funded the research. The balance standard did not apply. Not Upheld: Balance, Accuracy...

Decisions
Hurley and Radio New Zealand Ltd - 2019-043 (10 October 2019)
2019-043

The Authority did not uphold a complaint that an item on Insight that investigated the history and current state of far-right, alt-right and nationalist ideologies breached broadcasting standards. The Authority found the broadcast was balanced as it contained a range of significant perspectives. The Authority also found people who hold these ideologies do not amount to an ‘organisation’ for the purposes of the fairness standard and therefore that the fairness standard does not apply. Not Upheld: Balance, Fairness...

Decisions
EJ, Oughton & Gulf Harbour Healthcare Ltd and Television New Zealand Ltd - 2019-035 (29 October 2019)
2019-035

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Decisions
Bidwell and Radio New Zealand Ltd - 2020-003 (27 May 2020)
2020-003

The Authority has not upheld a complaint that an interview with ACT Party leader David Seymour, on the day of the final reading in Parliament of the End of Life Choice Bill, was unbalanced. The complainant submitted that Mr Seymour was given free licence to give his views from his perspective as the sponsor and a strong advocate of the Bill, and it was important that either someone with opposing views was also given an opportunity, or that the interviewer critically questioned him, given the item’s proximity to the final reading of the Bill. The Authority accepted that issues surrounding the Bill and the euthanasia debate more broadly amounted to a controversial issue of public importance that triggered the requirements of the balance standard....

Decisions
Morton and Radio New Zealand Ltd - 2020-150 (20 April 2021)
2020-150

The Authority has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...

Decisions
Garbutt and Television New Zealand Ltd - 2024-013 (20 March 2024)
2024-013

The Authority has declined to determine a complaint alleging 1News breached the balance standard by failing to cover comments made by Labour MP Ginny Andersen. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion. Declined to determine (section 11(b) in all the circumstances): Balance...

Decisions
Armstrong and Radio New Zealand Ltd - 2021-027 (11 August 2021)
2021-027

The Authority has not upheld a complaint about an item on The Detail that discussed Auckland Council efforts to monitor and improve the water quality and swimmability of Auckland beaches. The complaint was that the item failed to present alternative views, or test or challenge the views presented by Auckland Council representatives. The Authority noted the balance standard allows for significant viewpoints to be presented over time, and does not require every programme to canvass all significant views on a particular topic. It found there was extensive coverage around the time of the broadcast that provided a range of information on the water quality and swimmability of Auckland beaches, and the broadcast approached the issue from a particular perspective, not purporting to be a balanced examination of the adequacy of Auckland Council efforts. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Decisions
Matekohi & Rolleston and Māori Television Service - 2021-069 (27 October 2021)
2021-069

The Authority has not upheld a complaint about a Te Ao Māori News report on a   protest against Te Uru Taumatua (the Tūhoe governing authority). It found the discrimination and denigration standard did not apply as the broadcast was about individuals or an organisation rather than a recognised section of society as contemplated by the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the programme, the alleged inaccuracies were either not inaccurate or not materially misleading and Te Uru Taumatua and Terehia Biddle were treated fairly in the broadcast. Not Upheld: Discrimination and denigration, Balance, Accuracy, Fairness...

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
Guenole and Television New Zealand Ltd - 2019-091 (9 March 2020)
2019-091

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Decisions
Wakeman and Television New Zealand Ltd - 2023-005 (30 May 2023)
2023-005

The Authority has declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...

Decisions
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)
2022-140

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance...

Decisions
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

Decisions
Rivers and Radio New Zealand Ltd - 2023-082 (7 November 2023)
2023-082

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Benefield and Discovery NZ Ltd - 2023-069 (16 January 2024)
2023-069

The Authority has declined to determine a complaint that a promo for ThreeNow programme I am Jazz breached multiple standards. The Authority has previously considered similar complaints concerning the inclusion of members of the rainbow community, including trans people, in programmes and saw no reason to depart from previous findings concerning this matter. Decline to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Offensive and Disturbing Content, Children’s Interests, Balance, Accuracy...

Decisions
Wakeman and Television New Zealand Ltd - 2024-009 (7 May 2024)
2024-009

The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Hopwood & Hopwood-Craig and Discovery NZ Ltd - 2024-073 (20 November 2024)
2024-073

The Authority has not upheld a complaint that a segment on 7 Days was unfair to a singer who performed the New Zealand national anthem ahead of an All Blacks game in San Diego. The complainants said the broadcast was unfair to the performer and unbalanced, noting she was accused of ‘butchering’ the anthem and called ‘Dunedin’s most well-known murderer’. The Authority found the programme was not unfair, noting: viewers were unlikely to interpret the programme as suggesting the performer was an actual murderer or criminal; having chosen to perform at such an event, she could reasonably expect comment on her performance; viewers would not have been left with an unfairly negative impression of the performer; comments were directed at the performance rather than the performer personally; and that comedy and satire are valuable forms of expression. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
End-of-Life Choice Society NZ and MediaWorks TV Ltd - 2020-094 (1 October 2020)
2020-094

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. 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 her personal view on the topic....

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