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Decisions
Barnett and Television New Zealand Ltd - 2018-055 (10 October 2018)
2018-055

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a newsreader’s use of the term ‘rogue state’ in the introduction to a news item, referring to North Korea. The item reported on the resumption of peace talks between the leaders of the United States and North Korea, and segued into an investigation about the effects of economic sanctions on the people of North Korea. The complaint was that using the term was biased and lacked balance, and the term was better suited to describe the United States. In its decision the Authority noted that the term complained about was used only once, fleetingly, in the newsreader’s introduction and would not have affected viewers’ understanding of the item as a whole....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
McGovern and MediaWorks TV Ltd - 2020-050 (14 September 2020)
2020-050

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

Decisions
Waqanivala and Radio Voqa Kei Viti Aotearoa - 2017-046 (28 November 2017)
2017-046

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Decisions
Chand and Television New Zealand Ltd - 2019-078 (18 February 2020)
2019-078

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

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
CA and Television New Zealand Ltd - 2019-042 (29 October 2019)
2019-042

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

Decisions
Wilding and Discovery NZ Ltd - 2020-161 (20 April 2021)
2020-161

The Authority has not upheld a complaint about a comment by Mark Richardson on The Project regarding the Green Party and its responsibility for the protection of native trees. The statement was an opinion not subject to the accuracy standard, and was not unfair to the Green Party. The programme information standard did not apply. Not Upheld: Accuracy, Fairness, Programme Information...

Decisions
Singh & Singh Bassi and Access Community Radio inc - 2019-045 (16 December 2019)
2019-045

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

Decisions
Hessell and Television New Zealand Ltd - 2020-051 (21 December 2020)
2020-051

The Authority has upheld a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, detailing serial killer Ted Bundy’s crimes, motivations, and background, breached the children’s interests and programme information standards. The Authority noted that the broadcast presented in detail some potentially distressing and disturbing content, and themes including sexual violence and perversion, murder, and abduction, without any audience advisory or warning for this content. Additionally, the Authority considered the content and themes were suited for broadcast during the M timeband (suitable for a mature audience), rather than during PG time (which indicated the content was not necessarily unsuitable for child viewers under adult supervision). Viewers were not given sufficient information or signposting about the programme’s likely content to enable them to make informed choices about whether they, or children in their care, should view the broadcast....

Decisions
Wilson and Discovery NZ - 2021-026 (21 July 2021)
2021-026

The Authority has not upheld a complaint a news item about sex workers and escorts opening up about their work on social media breached the good taste and decency, children’s interests and programme information standards. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for the news. In this context, the Authority found the item was unlikely to cause widespread offence or undermine community standards. The Authority also found the introduction to the item was sufficient to inform viewers of the nature of the coverage, enabling them to adequately protect themselves and their children from the content by choosing not to watch. Not Upheld: Good Taste and Decency, Children’s Interests, Programme Information...

Decisions
Abey-Koch and Radio New Zealand Ltd - 2020-060 (24 November 2020)
2020-060

The Authority declined to determine a complaint that the broadcaster breached broadcasting standards for failing to broadcast the whole of the Director-General of Health’s briefing during the COVID-19 lockdown period. The Authority acknowledged the importance and value of the Director-General’s COVID-19 briefings particularly during the COVID-19 lockdown period. However, it found the complaint did not raise any issue of broadcasting standards capable of being resolved by the complaints procedure. Declined to determine: Programme Information  ...

Decisions
Cochran and Radio New Zealand Ltd - 2021-066 (15 September 2021)
2021-066

The Authority has not upheld a complaint about a promo for Checkpoint, broadcast after the 8am news on 11 May 2021, which included soundbites, showcasing the previous day’s news, concerning a supermarket stabbing in Dunedin. The complaint alleged the promo sensationalised news that was no longer current, suggesting another stabbing had occurred, and unnecessarily repeated scenes of violence when affected families were still suffering and children were likely to be listening. In its context, the Authority found the promo content was not likely to cause widespread undue offence or distress and did not breach the children’s interests standard. The programme information, violence and balance standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Balance...

Decisions
Foster and Television New Zealand Ltd - 2020-121 (16 March 2021)
2020-121

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

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
Love and Discovery NZ Ltd - 2021-157 (9 February 2022)
2021-157

An item on Newshub Live at 6pm covering COVID-19 statistics opened by stating 8% of New Zealand’s population was currently unvaccinated. The complainant alleged by omitting the term ‘eligible’, this introduction breached the accuracy standard as more than 8% (at the time) of New Zealand’s total population was unvaccinated. The Authority did not uphold the complaint, finding the segment was materially accurate and a reasonable viewer would have understood the reference to the population, in a vaccination context, to be a reference to the eligible population. The programme information standard did not apply. Not Upheld: Accuracy, Programme Information...

Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

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
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
Foster and RDU 98.5FM Limited - 2021-035 (11 August 2021)
2021-035

The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...

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