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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
Arps and Television New Zealand Ltd - 2019-073A (7 May 2020)
2019-073A

The Authority did not uphold a complaint that a 1 News segment breached the discrimination and denigration and balance standards. The Authority found that people who hold the views represented in the segment do not amount to a ‘recognised section of the community’ for the purposes of the discrimination and denigration standard. The Authority also found that, while the broadcast discussed a controversial issue of public importance, it was balanced by the inclusion of multiple points of view from several parties. Not Upheld: Discrimination and Denigration, Balance...

Decisions
Hurley and Television New Zealand Ltd - 2016-083 (10 February 2017)
2016-083

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘The New New Zealand’, focused on the topic of immigration. The episode looked at common perceptions of immigration in New Zealand and featured interviews with the Chief Executive of Immigration New Zealand, an immigration consultant, two academic consultants and the Chief Economist at Business and Economic Research Limited (BERL), as well as a number of immigrants to New Zealand from China, India and the UK. The Authority did not uphold a complaint that alternative points of view were omitted from the item. This episode of The Hard Stuff carried high public interest and had high value in terms of the exercise of freedom of expression....

Decisions
Rameka and Māori Television Service - 2017-070 (20 September 2017)
2017-070

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

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
Hummelstad and MediaWorks TV Ltd - 2018-077 (14 November 2018)
2018-077

Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

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
Morgenster and Radio New Zealand Ltd - 2020-069 (16 December 2020)
2020-069

The Authority has not upheld a complaint that a Checkpoint report breached the accuracy and balance standards by stating attacks against 5G cell towers internationally were due to ‘widely debunked conspiracy theories, linking telecommunications technology to illness, including COVID-19’.  The Authority found the statement was unlikely to significantly affect listeners’ understanding of the segment and the balance standard did not apply, as the broadcast was not a discussion regarding the safety of 5G technology.   Not Upheld: Accuracy and Balance...

Decisions
Hoare and Discovery NZ Ltd - 2020-136 (9 March 2021)
2020-136

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, in which Prince Charles’ Duchy of Cornwall fund was described as ‘essentially his private slush fund’. The complaint was that this description was inaccurate and suggested illegal practices. In the context, given the public’s general understanding of ‘slush fund’, and the discretionary nature of the Duchy of Cornwall fund, the Authority found the use of the term was not inaccurate or misleading. The Authority also found this term did not undermine widely held community standards, and the balance standard did not apply. Not Upheld: Accuracy, Good Taste and Decency, Balance...

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
HJ and Discovery NZ Ltd - 2021-110 (1 December 2021)
2021-110

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

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
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
Ministry of Social Development and Radio New Zealand Ltd - 2017-097 (9 March 2018)
2017-097

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An item on Morning Report featured an interview with a Social Policy Advisor at the Citizens Advice Bureau (CAB), who discussed CAB’s experience assisting the public with income support applications to Work & Income New Zealand (WINZ). The Authority did not uphold a complaint from the Ministry of Social Development (MSD) that this interview was unbalanced, unfair and inaccurate. The Authority found that because of the nature of the item – which comprised a brief interview with one individual, who approached a widely reported issue from a clearly identified perspective – audiences would not have expected to hear MSD’s response to the comments made....

Decisions
Wakelin and Television New Zealand Ltd - 2018-060 (26 October 2018)
2018-060

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about an item on 1 News reporting on the separation of migrant families in the United States. The complaint was that references to President Donald Trump’s ‘immigration crackdown’ and ‘Trump’s policy’ of separating children from their parents were misleading, unbalanced and unfair as the relevant law pre-dated Trump’s presidency. The Authority concluded the broadcast did not breach the accuracy, balance or fairness standards, as the references reasonably reflected the Trump administration’s position regarding the enforcement of criminal prosecutions for illegal immigrants. The Authority emphasised the high level of public and political interest in the story and found that any limitation on the right to freedom of expression on this occasion would be unjustified....

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
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
Hehir and Television New Zealand Ltd - 2021-058 (24 August 2021)
2021-058

The Authority has not upheld a complaint about an item on 1 News including criticism of Easter trading restrictions and of the councils imposing them, in the wake of COVID-19 and its impact on retailers. The complainant alleged the item was unbalanced on the basis it failed to include the views of the councils being criticised, and of others who supported current restrictions, such as unions and churches. The Authority found, in the context of an item discussing criticism of the status quo, and where debate about Easter trading restrictions and coverage of such debate is ongoing, viewers were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

Decisions
RK and Television New Zealand Ltd - 2018-025 (24 August 2018)
2018-025

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

Decisions
Matthewson and NZME Radio Ltd - 2017-060 (21 September 2017)
2017-060

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

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