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Decisions
Johnson and Television New Zealand Ltd - 2017-055 (18 December 2017)
2017-055

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

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
Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)
2016-081

Summary[This summary does not form part of the decision. ]An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters....

Decisions
Lindsay and Radio New Zealand Ltd - 2022-003 (11 April 2022)
2022-003

The Authority declined to determine a complaint about an interview with National Party MP and Leader of the Opposition Christopher Luxon. The complaint alleged the interview was disrespectful and biased, with the interviewer interrupting and expressing their own political views. The Authority has consistently not upheld complaints of a similar nature, and this complaint did not raise any specific issues which would distinguish it from the previous findings on the same issue. Decline to determine: Good Taste and Decency, Fairness, Balance (section 11(b) of the Broadcasting Act 1989)...

Decisions
Lerner and New Zealand Media and Entertainment - 2016-039 (25 July 2016)
2016-039

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

Decisions
Boyce and Radio New Zealand Ltd - 2021-143 (16 February 2022)
2021-143

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

Decisions
Walls and Radio New Zealand Ltd - 2022-025 (18 May 2022)
2022-025

The Authority has not upheld a complaint a Mediawatch broadcast breached various standards by allegedly ‘demonising’ New Zealanders who have concerns about COVID-19 vaccine safety. The Authority found the broadcast was accurate in reporting on COVID-19 related events, and did not treat Liz Gunn, a prominent figure known for her vaccine hesitant perspectives, or other persons referred to unfairly. The discrimination and denigration, and balance standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration, Balance...

Decisions
Miller and MediaWorks TV Ltd - 2017-089 (15 December 2017)
2017-089

Summary[This summary does not form part of the decision. ]A segment on Newshub during the election period featured a political reporter discussing the potential factors behind the Labour Party’s drop in the Newshub election poll. During the segment the reporter stated that the National Party’s claim that Labour would increase income tax if elected was a ‘lie’. The Authority did not uphold a complaint that this comment was unfair and biased. The Authority emphasised that it is an important function of the media to comment critically on party policies and actions and that this type of speech has high value in terms of the right to freedom of expression, particularly during election time. Political parties should expect to be subject to robust criticism and the Authority was satisfied the political reporter’s comment did not go beyond what could be expected during the election period....

Decisions
West and Television New Zealand Ltd - 2018-043 (24 August 2018)
2018-043

Summary[This summary does not form part of the decision. ]The Authority upheld a complaint under the accuracy standard about an item on 1 News, which discussed the Auckland Council’s vote on the draft proposal for the Auckland Regional Fuel Tax (the Tax). The Authority found the segment, through the omission of key information about the ongoing consultation and the presenter’s use of the terms ‘green light’ and ‘done deal’, was likely to mislead viewers into thinking the proposal voted on by the Council was final and that there was no further period of public consultation. The importance of keeping audiences informed on issues of public and political significance was emphasised by the Authority....

Decisions
Cotterall and Radio New Zealand Ltd - 2019-072 (16 December 2019)
2019-072

A complaint that segments on Morning Report which discussed the abortion legislative reform process were unbalanced was not upheld. First, the Authority found the complaint amounted to a ‘formal complaint’ for the purposes of the Broadcasting Act 1989. However the Authority found the items did not breach the balance standard as they clearly approached the topic of abortion legislative reform from a particular perspective and that listeners could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Balance...

Decisions
Blomfield and NZME Radio Ltd - 2022-027 (18 May 2022)
2022-027

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

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
Hurrell and Television New Zealand Ltd - 2016-086 (8 March 2017)
2016-086

Summary[This summary does not form part of the decision. ]Promos for South Park, Tosh. O and Bombshell: The Sinking of the Rainbow Warrior screened during the wildlife programme Africa’s Fishing Leopards, which was classified G. The promos contained potentially offensive language, which was censored, and verbal references to an ‘act of terror’ and ‘murder’. The Authority did not uphold a complaint that it was inappropriate to broadcast promos for AO-classified programmes during G-programmes, as they contained adult themes. The Authority noted that it is acceptable to screen promos for AO programmes during G programmes, provided that the promo complies with the classification of the host programme. It found that in this case, the use of censored coarse language did not breach standards, but noted that in order to maintain a G classification, broadcasters must take care to adequately edit any AO or PGR content....

Decisions
Frost and Television New Zealand Ltd - 2021-147 (7 March 2022)
2021-147

An item on 1 News covering COVID-19 vaccination mandate protests disrupting Prime Minister Jacinda Ardern’s engagements showed a protester claiming the Pfizer vaccination was ‘experimental until 2023’. The complainant argued the item lacked balance as it did not clarify that the views expressed by the protester were their own, or include any counter views from an expert. The Authority found the balance standard did not apply as the broadcast did not amount to a relevant ‘discussion’ of the issue which the complainant alleged was unbalanced (the safety of the Pfizer vaccine). Not Upheld: Balance...

Decisions
Wilson and Sky Network Television Ltd - 2022-007 (2 March 2022)
2022-007

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

Decisions
Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)
2019-041

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Discrimination and Denigration, Balance, Accuracy...

Decisions
Brenner and MediaWorks Radio Ltd - 2019-029 (6 November 2019)
2019-029

A complaint that Malcolm Brenner was treated unfairly when interviewed for a segment on Dom, Meg and Randell about his previous sexual relationship with a dolphin has been upheld. MediaWorks interviewed Mr Brenner about his relationship with a dolphin but ultimately decided not to broadcast the interview in full. They did however broadcast a small segment of the interview in which one of the hosts called Mr Brenner ‘sick’ and stormed out of the interview. The Authority found that Mr Brenner was treated unfairly and was not adequately informed about the nature of his participation in the broadcast. In particular, he was misled into thinking a four minute version of the interview would be broadcast (rather than only the brief segment including the host’s reaction to him), when the final broadcast had already occurred....

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
Tinsley and Radio New Zealand Ltd - 2020-067 (28 October 2020)
2020-067

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

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....

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