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Decisions
Naughton and Mainland Television Limited & Daystar Television - 2021-103 (16 February 2022)
2021-103

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...

Decisions
Cowie and Radio New Zealand Ltd - 2020-133 (9 March 2021)
2020-133

The Authority did not uphold a complaint that an interview with Hon Paul Goldsmith on Morning Report breached the balance and fairness standards. As the complaint did not specify a particular ‘controversial issue of public importance’ the balance standard did not apply. The Authority highlighted the value of robust political discourse and the vital role of media in encouraging and engaging in such discourse. Considering the nature of the programme and contextual factors, including the significant public interest in the interview and Mr Goldsmith’s experience in dealing with the media, the Authority did not find Mr Dann’s interview approach to be unfair. Not Upheld: Balance, Fairness...

Decisions
Te Ora Hou Ōtautahi Incorporated and Radio New Zealand Limited - 2021-082 (22 September 2021)
2021-082

The Authority has not upheld a complaint under the balance standard about an interview on Nine to Noon. The complaint was that the interview about the subject of the truancy service system in schools only canvassed a single perspective. Considering the interview was signalled as approaching the issue from a particular perspective, the perspectives presented were criticism of the status quo, and the period of current interest is still ongoing, it is unlikely listeners would be left misinformed by the broadcast or unaware there were other perspectives on the issues discussed. Not Upheld: Balance...

Decisions
Wills and Discovery NZ Limited - 2021-087 (13 October 2021)
2021-087

The Authority has not upheld a complaint under the balance, accuracy and fairness standards. It noted the complainant had not identified any inaccuracies or particular issues of public importance requiring balance. It also found the two interviewees were treated fairly and the interviews represented what it expects of the media in performing its role of scrutinising and holding to account those in power. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Forrest and Television New Zealand Ltd - 2024-050 (14 October 2024)
2024-050

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

Decisions
White and Television New Zealand Ltd - 2020-130 (9 March 2021)
2020-130

The Authority has not upheld a complaint about an item on 1 News which reported on the shooting of Jacob Blake by police and the subsequent protests that occurred. The complainant argued the item included false statements, and omitted relevant background information about the incident and about Mr Blake. The Authority found the statements made were not materially inaccurate and were unlikely to mislead viewers in the context, given the wide coverage and commentary available at the time. The Authority also found the omitted background information was not material to the matters reported. The Authority found the balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
New Zealand Defence Force and Radio New Zealand Ltd - 2021-024 (15 July 2021)
2021-024

The Authority has not upheld a complaint from the New Zealand Defence Force (NZDF) about an interview with Nicky Hager discussing the results of an Australian enquiry into its Defence Force and the implications for the NZDF. The Authority noted the high public interest in the broadcast and found that as it was clearly coming from Mr Hager’s perspective and other news bulletins signalled other views, the balance standard was not breached. The broadcast was not unfair to the NZDF. It is a government agency that can reasonably expect public scrutiny. In addition, comment from the Defence Minister was sought and included in later news bulletins. Not Upheld: Balance, Fairness...

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
Cycling Action Network and NZME Radio Ltd - 2021-092 (10 November 2021)
2021-092

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

Decisions
Vercoe and Te Aratuku Whakaata Irirangi Māori - 2022-106 (20 December 2022)
2022-106

The Authority has not upheld a complaint that a broadcast of Artefact was unbalanced. The complainant alleged the programme’s description of events in the New Zealand Wars did not include the historical perspectives of settlers and the government. However, the Authority held that while the reasons for and nature of the New Zealand Wars (and associated events) are of public importance, these issues are not ‘controversial’ in the manner contemplated under the balance standard. Not Upheld: Balance...

Decisions
Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)
2022-130

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Rae and Television New Zealand Ltd - 2022-133 (30 May 2023)
2022-133

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

Decisions
Rolston and Discovery NZ Ltd - 2023-024 (26 July 2023)
2023-024

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...

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
Hart and Radio New Zealand Ltd - 2024-002 (8 April 2024)
2024-002

The Authority has not upheld a complaint that a statement on RNZ National that the new Government ‘plans to repeal Smokefree legislation to fund tax cuts’ breached the accuracy and balance standards. The Authority found the accuracy standard was not breached noting other content within the broadcast and interviews with National Party members before the programme meant audience members were unlikely to be misled. The balance standard did not apply. Not Upheld: Accuracy, Balance...

Decisions
Dobson, Tocker, Takitimu, & Bate and Discovery NZ Ltd - 2022-107 (20 December 2022 )
2022-107

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....

Decisions
Davidge and Mediaworks TV Ltd - 2020-068 (24 November 2020)
2020-068

The Authority has not upheld a complaint about a segment on The Project, in which host (and comedian) Jeremy Corbett compared the time then National Party Leader Todd Muller and Canadian Prime Minister Justin Trudeau spent thinking before responding to a question about whether US President Donald Trump is racist. The complaint was that the segment breached broadcasting standards by implying Mr Muller ‘failed’ by answering the question too soon and by comparing Mr Trudeau with Mr Muller rather than Prime Minister Jacinda Ardern. The segment was clearly intended to be comical rather than a serious political commentary. In that context it would not have misled viewers and did not trigger the requirements of the balance standard. Nor was the item unfair to Mr Muller who, as then Leader of the Opposition, could reasonably expect to be the subject of media coverage and commentary, including satirical commentary....

Decisions
Egan and Discovery NZ Ltd - 2021-002 (2 June 2021)
2021-002

The Authority has not upheld a complaint about an interview on Newshub Nation, featuring electrical engineer and Pike River Mine researcher, Richard Healey. Mr Healey commented on his claims of ‘new crucial evidence’ the miners could have survived the explosions and of the existence of a pipeline which could be used to recover more evidence. The complaint alleged Mr Healey’s claims were speculative and unsupported by evidence, were not challenged by the host and caused emotional harm to the victims’ families. The Authority acknowledged the sensitivity of the matters discussed, which also carried a high degree of public interest. It found the broadcast clearly presented Mr Healey’s claims as one theory and from a particular perspective. The wide range of information and coverage available over a long period of time since the original events reduced any risk of viewers being misled or significantly misinformed....

Decisions
Bancilhon and Television New Zealand Ltd - 2022-094 (7 December 2022)
2022-094

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

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...

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