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The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

A segment on The Project reported on ‘hateful attacks’ occurring during Pride month, including claims of discrimination at Bethlehem College (and the Ministry of Education’s announcement it will investigate the issue) and the burning down of a Rainbow Youth centre in Tauranga. The segment included an interview with a rainbow activist who considered ‘extremist Christians’ had burnt the centre down. The presenters discussed the issue following the report and noted they hoped the investigation would bring about ‘some change in a place that really needs it. ’ The complainant considered the segment breached various standards as the cause of the fire was under investigation at the time of the broadcast, and the College was portrayed unfairly. The Authority did not uphold the complaint, finding the relevant comments did not reach the high threshold justifying a restriction on freedom of expression....

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...

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...

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

The Authority has not upheld complaints an item on 1 News reporting on events the day of Kellie-Jay Keen-Minshull’s (also known as Posie Parker) Auckland rally, including her decision to abandon the event, breached the balance standard. The complainants were concerned with: the item’s description of Parker as ‘anti-trans’; the lack of interviewees supporting Parker in the reports; and the ‘attitude and tone of reporters’ covering the story. The Authority found the item was sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views). Further, the standard is not directed at ‘bias in and of itself’, meaning broadcasters are entitled to present matters from particular perspectives or with a particular focus. Not Upheld: Balance...

The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint that a 1 News segment on the Military’s bid to replace two 757 planes breached broadcasting standards. The complainant alleged statements – linking Prime Minister Jacinda Ardern ‘hitching a ride’ on the Canadian Prime Minister’s VIP plane, with the ability and age of the Air Force’s 757s – breached the accuracy, balance, and fairness standards, due to the failure to include the Prime Minister’s full statement on why she caught the flight. The Authority found the broadcast was materially accurate, and the balance standard did not apply as the complainant’s concerns did not relate to a controversial issue of public importance. The broadcast was not unfair to Ardern.   Not Upheld: Accuracy, Balance, Fairness...

The Authority has declined to determine a complaint an item on 1 News reporting on the leak of classified Pentagon documents and the presence of butterfly land mines in Ukraine breached the balance standard. The Authority found the complaint related to the complainant’s personal preferences on what should be broadcast and raised issues which had been addressed in recent decisions. Decline to determine (section 11(b) in all the circumstances the complaint should not be determined): Balance...

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)...

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

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....

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane....

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...

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint that a report about bomb attacks at bus stops in Jerusalem breached the balance standard. The complainant alleged that the story lacked balance as the item did not include the Palestinian perspective on the ongoing tensions in Israel and Palestine. The Authority found that the standard was not breached, as this was a straightforward news item rather than a ‘discussion’ as the standard requires, and in any case, audiences can be expected to be aware of the major perspectives of this issue. Not Upheld: Balance...

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...

The Authority has not upheld a complaint a segment on Paddy Gower Has Issues breached the accuracy, balance and fairness standards of the Code of Broadcasting Standards in New Zealand. The segment included Gower stating he had ‘no issues’ with genetically modified corn, and that the effective ban on GE should be removed. The Authority did not uphold the complaint, finding the statements amounted to Gower’s opinion and that the alleged inaccuracy was not materially misleading and would not have impacted the audience’s understanding of the broadcast as a whole. The Authority also found under balance that the segment was clearly intended to provide a particular perspective (Gower’s) on the topic....

The Authority has not upheld a complaint an item on 1 News reporting on Immigration New Zealand’s decision to allow Kellie-Jay Keen-Minshull (also known as Posie Parker) into New Zealand breached the balance and fairness standards. The complainant was concerned with the broadcast’s description of Parker as ‘anti-trans’ rather than ‘pro-women’, and its link between Parker and people doing Nazi salutes at her events. The Authority found the item was balanced, referring to comments from both the Immigration Minister and Parker herself. It also considered Parker was treated fairly in the broadcast, noting the right to freedom of expression means broadcasters are free to use descriptors they consider appropriate, provided they do not breach broadcasting standards. Not Upheld: Balance, Fairness...