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Decisions
Boyce and Radio New Zealand Ltd - 2020-005 (27 May 2020)
2020-005

The Authority did not uphold a complaint about comments made separately by two RNZ commentators to the effect that the UK Labour Party Leader Jeremy Corbyn has ‘terrorist connections’. The complainant submitted the comments breached the balance and accuracy standards, on the basis it was wrong and offensive to suggest Mr Corbyn is a Marxist and supports terrorism, and Nine to Noon refuses to interview anyone sympathetic towards the UK Labour Party. The Authority found the comments were clearly distinguishable as comment, analysis and opinion, rather than statements of fact to which the accuracy standard applied. The Authority also found the items, in which the commentators gave their analysis of the likely and eventual outcome of the British election, did not amount to discussions of a controversial issue of public importance in New Zealand. Not Upheld: Accuracy, Balance...

Decisions
Honour the Maunga and Radio New Zealand Ltd - 2020-049 (14 October 2020)
2020-049

The Authority has not upheld a complaint under the fairness, balance, and accuracy standards from environmental protest group Honour the Maunga, about a series of Radio New Zealand broadcasts on 15-19 April 2020. The items concerned the removal of the group’s unoccupied camp from Ōwairaka (Mt Albert) for allegedly breaching lockdown rules. Overall, the Authority found that the series of broadcasts was unlikely to cause undue harm to the reputation of Honour the Maunga, and was unlikely to mislead listeners. This was a series of short news items covering a developing story, which, importantly, included the complainant’s response to the key points in the reports, namely that the group had not breached lockdown rules and was otherwise entitled under the New Zealand Bill of Rights Act to occupy the site....

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
Friends of the Earth (NZ) and Radio New Zealand Ltd - 2018-081 (28 January 2019)
2018-081

Summary[This summary does not form part of the decision. ]A complaint from environmental group Friends of the Earth (NZ) about an interview between Saturday Morning host Kim Hill and former Chief Science Advisor Sir Peter Gluckman was not upheld. Ms Hill interviewed Sir Peter about his time as Chief Science Advisor and a wide range of issues, including how societies respond to scientific research, the role of science in government, activism within the scientific community and the criminal justice system. During the interview, Sir Peter made comments about the safety and history of genetic modification. The Authority did not uphold a complaint that the comments were inaccurate or that the interview was unbalanced or unfair. The Authority found Sir Peter’s comments were not statements of fact, noting they were clearly established as being from Sir Peter’s perspective throughout the interview....

Decisions
Hector & Casey and Radio New Zealand Ltd - 2021-052 (2 August 2021)
2021-052

Two complaints about a report on ‘explosive scenes at Parliament’ including a comment from Willow Jean Prime MP that statements from the National Party ‘really sound[ed] like “she asked for it, her skirt was too short. She was drunk”’ were not upheld. The Authority found the omission of Ms Prime’s subsequent withdrawal of the statement was not material to the story, and her specific comment was opinion to which the accuracy standard does not apply. The balance standard did not apply as the statement did not concern a controversial issue of public importance, and there was no unfairness to the National Party. Not Upheld: Accuracy, Fairness, Balance...

Decisions
Gould and Radio New Zealand Ltd - 2020-070 (16 December 2020)
2020-070

The Authority has not upheld a complaint under the balance standard concerning an RNZ news item reporting on fires at cell phone towers in Auckland. The item noted in Britain dozens of cell towers have been set alight reportedly by people who believe 5G technology was spreading COVID-19. The complaint was that the item should also have pointed out the ‘existence of serious and responsible groups who peacefully oppose 5G’. The Authority found the item was a brief, straightforward news report which did not amount to a ‘discussion’, therefore the balance standard and the requirement to present alternative viewpoints did not apply. Not Upheld: Balance...

Decisions
Tyrrell and Television New Zealand Ltd - 2022-096 (22 November 2022)
2022-096

The Authority has declined to determine a complaint under the balance standard regarding an episode of Breakfast that referred to New Zealand as Aotearoa. The complainant considered the name Aotearoa should not be used to replace the country’s official name. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine: Balance (section 11(b) of the Broadcasting Act 1989 – in all the circumstances)...

Decisions
Adam & Crawford and Radio New Zealand Ltd - 2022-067 (27 February 2023)
2022-067

Warning — This decision contains references to sexual violence. The Authority has not upheld complaints an interview on Saturday Morning between Kim Hill and Dr Kathleen Stock, a gender critical philosopher, breached broadcasting standards, including the discrimination and denigration, balance and accuracy standards. The broadcast discussed Dr Stock’s perspective on gender identity and her experiences resulting from voicing her perspective, having resigned from her position following a student campaign that accused her of transphobia. The Authority acknowledged the potential harm of the interview, but ultimately found the importance of freedom of expression outweighed any harm caused. The broadcast was clearly signalled as presenting Dr Stock’s perspective, to which she was entitled, and throughout the interview Hill challenged Dr Stock’s views, leaving the audience with a more balanced impression on the issue....

Decisions
The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)
2022-022

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention....

Decisions
O’Brien and Television New Zealand Ltd - 2023-059 (3 October 2023)
2023-059

The Authority has not upheld a complaint an item on 1 News, reporting on the destruction of the Kakhovka Dam in the region of Kherson, Ukraine, incorrectly attributed responsibility for the incident, and shelling of the region after the incident, to Russia. The Authority noted the broadcast did not state, either expressly or implicitly, who was responsible for the dam’s destruction. Further, while the Authority acknowledged the broadcast may have implied Russia was responsible for some shelling in the Kherson region, this suggestion was not inaccurate, and the broadcast did not state Russia shelled the region after the dam’s destruction. It accordingly found no breach of the accuracy standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)
2023-030

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
GS and Discovery NZ Ltd - 2023-090 (29 November 2023)
2023-090

The Authority has not upheld a complaint that it was inaccurate and unbalanced for an item on Newshub Live at 6pm to claim there are two main ways to teach literacy in New Zealand when there are several. The item concerned the National Party’s proposed policy to make ‘structured literacy’ the compulsory teaching method in New Zealand schools. The Authority found the simplified statement was materially accurate, and any technical inaccuracy in the description of literacy teaching methods would not have affected the audience’s understanding of the programme as a whole. In the context of a brief news item, focused on National Party policy, the Authority also considered the item to have included sufficient perspectives on the issue of literacy teaching methods. Not Upheld: Accuracy, Balance...

Decisions
Stamilla and Discovery NZ Ltd - 2023-107 (20 February 2024)
2023-107

The Authority has not upheld a complaint that comments made by the Political Editor on Newshub Live at 6pm referring to ‘New Zealand Loyal conspiracy candidate Liz Gunn’s party of two” breached broadcasting standards. The Authority found that the balance standard did not apply. It also found the comment was not unfair noting the party could reasonably expect such robust commentary in the lead up to an election and the party leader had previously described it as a ‘compliment’ to be referred to as a conspiracy theorist. Not Upheld: Balance, Fairness...

Decisions
Prowse and Radio New Zealand Ltd - 2022-098 (22 November 2022)
2022-098

The Authority did not uphold a complaint regarding an episode of The Detail which investigated the New Zealand Film Commission’s management of a conflict of interest relating to its CEO at the time. The complainant considered the broadcast breached the balance and accuracy standards by not discussing the ‘significance of NZ On Air’s’ role in this matter. The Authority considered the complaint largely constituted a matter of personal preference, which is not capable of being resolved by a complaints procedure. Further, the proposed detail was additional to, rather than inconsistent with, any perspective presented in the broadcast so its absence was unlikely to misinform listeners. Not Upheld: Balance, Accuracy...

Decisions
Dobson and Television New Zealand Ltd - 2022-118 (8 February 2023)
2022-118

The Authority has not upheld a complaint two items on 1 News reporting on a political poll and interviewing several New Zealanders on the street breached multiple broadcasting standards. The complainant alleged the proportion of people interviewed was not an accurate or balanced representation of the political mood of the country, which was unfair to political parties, and certain comments constituted discrimination and denigration, or were inaccurate or unfair. The Authority held it was not a breach of broadcasting standards to feature ‘vox-pop’ interviews in proportions that do not match current political polling, and the standards either did not apply or were not breached in relation to other issues raised by the complainant concerning the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Housing New Zealand Corporation and Māori Television Service - 2018-100 (24 June 2019)
2018-100

Māori Television Service (MTS) aired a story on Te Kāea about how hapū Te Parawhau felt they had been shut out of negotiations on the sale of a piece of land, known as Pūriri Park in Northland, to Housing New Zealand (HNZ). The Authority upheld HNZ’s complaint under the balance standard, finding the omission of HNZ’s point of view from the initial broadcast likely prevented audiences from arriving at an informed and reasoned opinion about the sale and HNZ’s involvement. The Authority also upheld HNZ’s complaint under the accuracy and fairness standards, finding that while MTS aired a follow-up broadcast featuring comment from Te Parawhau and HNZ, this broadcast did not remedy the harm caused to HNZ by the initial broadcast of inaccurate information about the land sold....

Decisions
Wakeman and Television New Zealand Ltd - 2022-057 (31 August 2022)
2022-057

The Authority has not upheld a complaint that two items on 1 News concerning Russia’s invasion of Ukraine breached the balance, accuracy, discrimination and denigration, and fairness standards. The first item reported on possible war crimes committed by Russia in Ukraine, and the second on New Zealand providing further financial and military aid to Ukraine. The Authority found the broadcaster made reasonable efforts to present significant points of view in the items, and the accuracy standard was not breached. While the complainant was concerned the broadcasts discriminated against Russian people, the Authority found the broadcasts did not refer to Russian people generally, and rather referred to the Russian government or its military. The fairness standard did not apply. Not upheld: Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Povey and Television New Zealand Ltd - 2020-173 (25 May 2021)
2020-173

The Authority has not upheld a complaint that various 1 News items referring to Joe Biden as the ‘president-elect’ before confirmation by the United States Electoral College breached the balance, accuracy and fairness standards. The Authority found this was a technical distinction that would not have altered viewers’ overall understanding of the items, therefore it was not a ‘material’ point of fact for the purposes of the accuracy standard. To the extent the items touched on the outcome of the United States election, which in some circumstances may amount to a controversial issue of public importance triggering the balance standard, the Authority was satisfied the standard was not breached taking into account the perspectives acknowledged within the items as well as in a wide range of other coverage both by TVNZ and media generally....

Decisions
Kane and NZME Radio Ltd - 2021-031 (21 July 2021)
2021-031

The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Decisions
Hickson and Television New Zealand Ltd - 2023-044 (20 November 2023)
2023-044

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression. Upheld by Majority: Accuracy, Not Upheld: Balance No Order...

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