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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
Stubbs and Radio New Zealand Ltd - 2019-049 (17 September 2019)
2019-049

The Authority did not uphold a complaint that an item on Morning Report discussing the possible boycott of the Tuia – Encounters 250 commemorations was unbalanced, inaccurate and unfair. The Authority found the item was balanced through the presentation of alternative perspectives and the existence of significant media coverage within the period of current interest. The Authority also found the broadcast did not contain any material inaccuracy with respect to Captain Cook’s first arrival in New Zealand. Finally, the Authority found the fairness standard did not apply as the complainant did not identify any person or organisation who took part in or was referred to in the broadcast who was treated unfairly. Not Upheld: Accuracy, Balance, Fairness...

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....

Decisions
Terry and Radio New Zealand Ltd - 2020-018 (21 July 2020)
2020-018

The Authority declined to determine two complaints regarding broadcasts by Radio New Zealand. The first complaint related to a segment on the Five O’Clock Report which featured an interview with National Party MP Mark Mitchell. The second complaint related to a segment on the Morning Report featuring an interview with then leader of the Opposition, Simon Bridges. Robert Terry complained that the Five O’Clock Report segment contained biased coverage and that the Morning Report segment required balance.  The Authority found that the complaints did not relate to the content of the broadcast and were not capable of being determined by a complaints procedure. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority. Declined to Determine: Balance...

Decisions
Seafood New Zealand Ltd and Radio New Zealand Ltd - 2018-054 (19 September 2018)
2018-054

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....

Decisions
Golden and Television New Zealand Ltd - 2016-088 (16 February 2017)
2016-088

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘Selling Ourselves Short’, focused on the topic of New Zealand’s economy, comparing our standard of living today with the 1960s-70s. The episode examined some of New Zealand’s traditional and upcoming export industries, such as dairy farming, forestry, pharmaceuticals, technology and fashion, and featured interviews with farmers, business owners, economists and academics. At the beginning of the episode, Mr Latta stated, ‘We’re rated as one of the best places in the world to do business and we’re not corrupt. ’ The Authority did not uphold a complaint that Mr Latta’s statement was inaccurate and that the episode was unbalanced because it did not address New Zealand’s ‘extensive corruption’ as a reason for our underperforming economy....

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
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

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....

Decisions
Right To Life New Zealand and Radio New Zealand Ltd - 2020-056 (24 November 2020)
2020-056

The Authority has not upheld a complaint that an item on Checkpoint covering the Select Committee report on the Abortion Legislation Bill was unbalanced, unfair and discriminated against unborn children. The Authority found: ‘unborn children’ were not a recognised section of the community; the broadcaster made reasonable efforts to present significant viewpoints on the issue discussed; and the item did not result in unfairness to anyone taking part or referred to. Not Upheld: Balance, Fairness, Discrimination and Denigration...

Decisions
Chapple, Grieve & Shierlaw and Television New Zealand Ltd - 2018-085 (28 January 2019)
2018-085

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

Decisions
Pascoe and Television New Zealand Ltd - 2020-090 (9 December 2020)
2020-090

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...

Decisions
Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)
2020-103

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)
2017-014

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....

Decisions
McGovern and MediaWorks TV Ltd - 2020-050 (14 September 2020)
2020-050

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

Decisions
Anderson and Māori Television Service - 2020-134 (15 October 2020)
2020-134

The Authority has not upheld a complaint about references to Advance NZ/New Zealand Public Party co-leader Billy Te Kahika spreading misinformation and conspiracy theories, during a panel discussion on Te Ao with Moana. The episode included two online panel discussions about the issue of misinformation on social media and its implications for Māori in particular. Noting that two other episodes of the programme broadcast in the preceding weeks had allowed considerable time to Mr Te Kahika to put forward his position on these issues, the Authority did not find any breach of the balance, accuracy or fairness standards. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Ancel and Television New Zealand Ltd - 2020-112 (16 March 2021)
2020-112

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

Decisions
Pascoe and MediaWorks TV Ltd - 2020-085 (9 December 2020)
2020-085

The Authority has not upheld a complaint about a segment of Newshub Nation which discussed the National Party’s top Members of Parliament (MPs) under then leader Todd Muller. In the segment, reporter Tova O’Brien asked ‘Why is it that all of these women do the mahi and then this dude gets the treat? ’ The question referred to Mr Muller being rewarded as leader over his top three female MPs, Hon Nikki Kaye, Hon Amy Adams and Hon Judith Collins. The complaint was that reference to Mr Muller as ‘that dude’ was in bad taste, unbalanced, unfair and sexist. The Authority found the comment was unlikely to cause widespread undue offence or distress as contemplated under the good taste and decency standard. The fairness standard was not breached as the comment would not have left the audience with an unduly negative impression of Mr Muller....

Decisions
Real Nappies Ltd and Television New Zealand Ltd - 2020-148 (31 March 2021)
2020-148

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

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
Frazer and Television New Zealand Ltd - 2020-147 (16 March 2021)
2020-147

The Authority has not upheld a complaint that the leaders’ debate between Rt Hon Jacinda Ardern and Hon Judith Collins breached broadcasting standards. The programme carried a high level of public interest. Both debate participants were senior politicians who had a clear understanding of the nature of their participation in the debate and were given fair opportunity to respond to the questions raised. Not Upheld: Discrimination and denigration, Balance, Fairness...

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