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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
Sarah and Television New Zealand Ltd - 2018-079 (27 November 2018)
2018-079

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

Decisions
Frost and MediaWorks Radio Ltd - 2019-025 (23 August 2019)
2019-025

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...

Decisions
Stone & Maynard and Television New Zealand Ltd - 2022-048 (21 June 2022)
2022-048

The Authority has not upheld two complaints relating to a news item on Nicola Willis MP being appointed the National Party’s Finance Spokesperson. The complaints alleged the broadcast breached the accuracy and balance standards as it omitted the Speaker’s intervention of Willis’s questions to the Finance Minister during Question Time, allegedly leading viewers to believe the questions were delivered seamlessly and without fault. The Authority found the accuracy standard was not breached as the broadcast was materially accurate, and the balance standard did not apply, as the questions did not reflect a controversial issue of public importance. Not Upheld: Accuracy, Balance...

Decisions
Garrett and Radio New Zealand Ltd - 2021-073 (22 September 2021)
2021-073

The Authority has not upheld a complaint alleging an item on Midday Report lacked balance. The item reported on findings from the Chief Ombudsman regarding ‘undignified and barren’ conditions in two prisons. It was clear the item was coming from a particular perspective. The continuing media coverage of prison conditions means the period of current interest is ongoing, and audiences would not have been misinformed by the broadcast. Not Upheld: Balance...

Decisions
Short and Television New Zealand Ltd - 2023-102 (29 November 2023)
2023-102

The Authority has declined to determine a complaint an item on 1 News was unbalanced for raising the possibility that Labour could lose the 2023 election. The balance standard did not apply to the concerns raised, and the broadcaster adequately responded to the concerns in the original complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance...

Decisions
Ministry of Education and Radio New Zealand Ltd - 2017-076 (18 April 2018)
2017-076

Summary[This summary does not form part of the decision. ]On 18 March 2017, RNZ reported on allegations made by the Board of Trustees at Salisbury School, a Nelson school for girls with complex learning needs, that the Ministry of Education (Ministry) had actively discouraged parents from enrolling children at the school so that it could be closed. On 31 March and 6 April 2017, RNZ broadcast a series of items about an alleged lack of funding, resources and support for Northland teachers struggling to cope with violent and disruptive children. The Authority upheld aspects of a complaint from the Ministry that RNZ’s coverage of these issues was unfair and unbalanced....

Decisions
Hilless and Television New Zealand Ltd - 2020-028 (16 December 2020)
2020-028

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

Decisions
Carapiet and Radio New Zealand Ltd - 2022-081 (5 October 2022)
2022-081

An episode of The Detail explored the Productivity Commission’s recommendation the Government review Aotearoa New Zealand’s regulatory framework around genetically modified organisms to ensure they remain fit for purpose. The complainant stated the broadcast was unbalanced and misleading as it, among other reasons, overemphasised the benefits of GMOs, did not critique the Commission, was inaccurate in several respects, and suggested issues with GMOs were largely ethical rather than scientific. The Authority did not uphold the complaint, finding the broadcast was balanced, particularly as it was focusing on a single issue. It also found the broadcast was materially accurate and unlikely to mislead listeners. Not Upheld: Balance, Accuracy...

Decisions
Day & Moss and NZME Radio Ltd - 2018-090 (2 April 2019)
2018-090

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Decisions
Wong & Soper and Television New Zealand Ltd - 2020-177 (22 June 2021)
2020-177

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply....

Decisions
Gibbs and Radio New Zealand Ltd - 2016-091 (8 March 2017)
2016-091

Summary[This summary does not form part of the decision. ]An item on Sunday Morning with Wallace Chapman, titled ‘Abortion and Civil Liberties – the Thames Stand-Off’, discussed ‘pro-life’ protestors, Voice for Life, and their longstanding protests outside Thames Hospital. The Authority did not uphold a complaint that the presenter was biased and that his treatment of the ‘pro-life’ representative was negative, unfair and unbalanced in comparison to his treatment of the ‘pro-choice’ representative. The Authority found that Mr Chapman’s treatment of the interviewees did not result in an unbalanced broadcast, as both perspectives on the debate were adequately put forward during the programme. While Mr Chapman’s questioning of the ‘pro-life’ representative was robust, his criticisms related to the Voice for Life group as a whole, and he did not attack the interviewee personally or come across as abusive towards her, such that she was treated unfairly....

Decisions
Right to Life New Zealand and MediaWorks TV Ltd - 2017-052 (9 August 2017)
2017-052

Summary[This summary does not form part of the decision. ]An item on The Nation examined the arguments of those in support of amending the legislation governing abortions in New Zealand. The item included interviews with women who had been through the process of obtaining an abortion, and featured comments from various other advocates for changing the law. The Authority did not uphold a complaint that this item was unbalanced because it did not include arguments opposed to the law change and decriminalising abortion in New Zealand. While the item discussed a controversial issue of public importance (triggering the requirements of the balance standard), it was narrowly focused on technical aspects of the current law governing how abortions are administered in New Zealand, and clearly approached the topic from the perspective of those in support of changes to the process for obtaining an abortion....

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Millward and Television New Zealand Ltd - 2021-163 (2 March 2022)
2021-163

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Cowan and MediaWorks TV Ltd - 2017-058 (21 September 2017)
2017-058

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly....

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
Stranaghan and NZME Radio Ltd - 2021-041 (21 July 2021)
2021-041

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

Decisions
Christoforou and Al Jazeera Media Network - 2020-054 (16 November 2020)
2020-054

The Authority has not upheld a complaint about documentary Western Thrace, Contested Space, which examined the lives of ethnic Turks living in the Western Thrace region of Greece. It found that there were no material inaccuracies in the documentary as alleged by the complainant. The documentary was about discrimination felt by the Turkish community as a whole and was exploring their experiences. Some inaccuracies alleged by the complainant were broadly immaterial to the thrust of the documentary, while others were expressions of opinion, comment and analysis, to which the accuracy standard does not apply. It found the balance standard did not apply as it did not discuss a controversial issue of public importance in New Zealand. The remaining standards raised also did not apply. Not Upheld: Accuracy, Balance, Fairness, Discrimination and Denigration...

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

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