BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.] 

The Authority has upheld an accuracy complaint about a statement, ‘Public submissions for Phase Two of the Inquiry closes at midnight tonight’, in a 1News item reporting on the deadline for submissions to the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the statement was materially inaccurate as the correct deadline was the following night and, in the context of the broadcast, this was a material point of fact. The COVID-19 Inquiry’s communications regarding the deadline for public submissions could have been clearer, but TVNZ did not make reasonable efforts to ensure accuracy. It relied on information from official press releases and communications by the Inquiry but did not seek clarification of the ambiguous deadline from a relevant person/organisation. If there was a breach of the corrections limb of the accuracy standard, any potential harm arising from that breach did not justify the Authority’s intervention, as any correction would have occurred after the deadline for public submissions closed.

Upheld: Accuracy

No Order

The broadcast

[1]  A brief item during the 26 April 2025 broadcast of 1News covered the public submission deadline for Phase Two of the Royal Commission of Inquiry into COVID-19 Lessons (Phase Two of the Inquiry). The newsreader said:

It's your last chance to have your say on how the COVID-19 pandemic was managed. Public submissions for Phase Two of the Inquiry closes at midnight tonight. The focus of the Inquiry looks at the use of vaccines, mandates, lockdowns and other public health tools. The Inquiry Chair, Grant Illingworth KC, says hearing from the public is vital to understand the impact of the pandemic and what people think should be done next time.

The complaint

[2]  Sian Jones complained the broadcast breached the accuracy standard by providing the incorrect deadline for public submissions. It advised public submissions closed at midnight on 26 April 2025 ‘when in fact it was midnight the following night’, 27 April 2025. This error was ‘irresponsible’ and ‘could have deterred many people’ from filing a submission after deciding they did not have enough time to submit a response. Also, no correction or apology was provided.

The broadcaster’s response

[3]  Television New Zealand Ltd (TVNZ) upheld the complaint, stating:

[T]he date given in the 1News report was wrong. 1News has acknowledged the error to the Complaints Committee. They state we got it wrong on the day, we apologise for this and would like to thank the complainant for bringing this issue to our attention.

[4]  On referral to the Authority, TVNZ said:

a)  they received the complaint eight days after the deadline for public submissions closed, so ‘any correction at this time would not have been meaningful for the audience’ and TVNZ could only acknowledge the error and apologise to the complainant, which they did

b)  they received one other complaint about this issue, which 1News was not aware of until after public submissions closed for Phase Two of the Inquiry

c)  1News did not know they broadcast the incorrect date ‘until the Complaints Committee talked to them about the complaints (after the deadline had closed)’.

[5]  TVNZ also said 1News had ‘raised an issue which puts into doubt whether an error occurred in the report, and that leads to the possibility that the TVNZ uphold might have been mistaken’:

The 1News item explained that ‘submissions close at midnight tonight’ and that was referring to the midnight between Saturday and Sunday. The Royal Commission deadline was described as closing on Sunday 27 April 2025 at midnight¹ – technically this means the start of the Sunday, and not the end of Sunday. If they meant for the deadline to be the end of Sunday, they would have said submissions close at 11.59pm on Sunday 27 April. Which unfortunately leads to the conclusion that the Committee’s uphold on this issue may be incorrect. Parliament seems to use the 11.59pm format for submissions which is consistent with this point of view on when midnight occurs.²

[6]  In their submission, TVNZ cited the British National Physical Laboratory,³ the United States National Institute of Standards and Technology,⁴ and s 35 of New Zealand’s Interpretation Act 1999 (repealed).

The standard

[7]  The purpose of the accuracy standard (standard 6) is to protect the public from being significantly misinformed.⁵ The standard states:⁶

• Broadcasters should make reasonable efforts to ensure news, current affairs or factual content:
  • is accurate in relation to all material points of fact
  • does not materially mislead the audience (give a wrong idea or impression of the facts).
• Further, where a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice.

Our analysis

[8]  We have watched the broadcast and read the correspondence listed in the Appendix.

[9]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression and the value and public interest in the broadcast, against any harm potentially caused by the broadcast. We may only intervene where the level of harm means that placing a limit on the right to freedom of expression is reasonable and justified.⁷

[10]  The accuracy standard has two limbs, breach of either may result in a complaint under the standard being upheld:

a)  The first limb requires the broadcaster to make reasonable efforts to ensure the broadcast was not inaccurate on a material point of fact, or materially misleading. Determination of a complaint under this limb occurs in two steps. First, we must consider whether the broadcast was materially inaccurate or misleading. If there was a material inaccuracy, we then consider whether reasonable efforts were made to ensure the broadcast was accurate and did not mislead.

b)  The second limb (the corrections limb) requires that ‘where a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice’.

Was the broadcast materially inaccurate?

[11]  The statement in question, ‘Public submissions for Phase Two of the Inquiry closes at midnight tonight’, was materially inaccurate. It was inaccurate because public submissions closed the following evening, Sunday 27 April 2025. Also, in the context of an item on the (then) impending deadline for public submissions on Phase Two of the Inquiry, the statement was a material point of fact.

[12]  Having found the broadcast was materially inaccurate, we must consider whether TVNZ made reasonable efforts to ensure accuracy.

Did the broadcaster make reasonable efforts to ensure accuracy?

[13]   A broadcaster’s obligation under the accuracy standard is to make ‘reasonable efforts to ensure accuracy’ (emphasis added).⁸ A programme may be inaccurate or misleading but nevertheless may not breach the standard if the broadcaster took reasonable steps to ensure accuracy.⁹

[14]  Guideline 6.3 stipulates that the assessment of whether the broadcaster has made reasonable efforts to ensure accuracy includes consideration of the following, where relevant:

• The source of material broadcast (eg a reputable organisation or an authoritative expert; or social media or third-party content from a non-reputable or non-authoritative organisation or person which may require additional care or steps to be taken by the broadcaster).
• Whether the broadcast was live or pre-recorded.
• Whether there was some obvious reason to question the accuracy of the programme content before it was broadcast.
• Whether the broadcaster sought and/or presented comment, clarification or input from any relevant person or organisation.
• The extent to which the issue of accuracy was reasonably capable of being determined by the broadcaster.
• The effect of any subsequent or follow-up coverage (eg where information has been updated or corrected as part of a developing story; or there is a delay between the time of broadcast and when the content has been accessed).
• The level of the broadcaster’s editorial control over the content.

[15]  TVNZ submitted 1News made reasonable efforts to ensure accuracy because:

a)  1News advised that their reporter ‘got the information from a press release’. The relevant portions of the press release (dated 8.03am on Wednesday 23 April 2025), highlighted by TVNZ, said:

i)  ‘With four days remaining until the close of public submissions…’

ii)  ‘The Inquiry’s public submissions portal has been open since 3 February 2025, and closes at midnight on 27 April 2025.’

b)  An email from the COVID-19 Inquiry communications representative to TVNZ said, ‘Not sure whether you will have the time, but be great if you could do a story on the closing of submissions sometime before Sunday.’ (TVNZ’s emphasis)

c)  The 1News reporter said, ‘I read midnight at 27th as when the clock ticked over on the 26th as generally I see midnight as the start of the next day.’

[16]  When approached by the Authority, the COVID-19 Inquiry said:

a)  ‘All public communications indicated that submissions would close on Sunday 27 April at midnight (Sunday 27 April at 12am).’ (our emphasis)

b)  ‘The online submissions portal… was set to close at midnight on Sunday 27 April and did so…’ but ‘[a]nyone who started their submission and submitted it (by clicking the final submit button) by 12.01am on Monday 28 April was able to submit via the portal.’

c)  ‘We also accepted submissions via email up until Sunday 27 April at 12am to our… email address’.

[17]  It is generally accepted that 12:00 or 00:00 is the moment the clock hits midnight, and marks the start of a new day.¹⁰ However, in light of the Inquiry’s acceptance of submissions through to the end of Sunday/start of Monday, it is evident that ‘Sunday 27 April at 12am’, in this context, was intended to mean the end of Sunday. We accept some are likely to interpret it this way (rather than applying its technical meaning).

[18]  In the circumstances, the closing date for public submissions was ambiguous as described in the information TVNZ relied on. We did not identify any public communications, whether by the Inquiry or other persons/organisations, which clearly indicated whether public submissions closed at the end of Saturday/start of Sunday or the end of Sunday/start of Monday:

a)  The Inquiry confirmed (see [16]) all public communications stated the deadline for public submissions was ‘Sunday 27 April at midnight’. Some of the Inquiry’s public communications stated the submissions period was ‘open until’ ‘27 April 2025’.¹¹ Others said the period was ‘open until’, or ‘closed at’, ‘midnight’ on ‘27 April 2025’.¹²

b)  After public submissions closed, the Inquiry said, ‘The public submissions portal closed on Sunday 27 April 2025.’¹³

c)  A press release by Hon Brooke Van Velden said submissions ‘close at midnight on 27 April 2025.’¹⁴

d)  Additional sources stated:

i)  ‘Public submissions, which opened on February 3rd, close at midnight this Sunday [27 April].’¹⁵

ii)  ‘Public submissions close at midnight Sunday [27 April]’.¹⁶

[19]  The Inquiry’s press release received by 1News (see [15a]) was unclear, again stating the public submissions portal ‘closes at midnight on 27 April 2025’. It also said there were ‘four days remaining until the close of public submissions’ — which, in light of the press release being sent/received at 8.03am Wednesday 23 April 2025, could reasonably be interpreted as meaning the end of either Saturday 26 or Sunday 27 April.

[20]  Two interpretations of ‘Sunday 27 April at midnight’ were therefore available — the start of Sunday, and the end of Sunday — and so TVNZ’s interpretation of ‘midnight’ was an available one. However, we consider it should have been clear to the broadcaster that two interpretations were available, and theirs may not be the one that was intended. This should have prompted an attempt to check the information before it was broadcast. On balance, we consider reasonable efforts to ensure accuracy have not been made in this instance.

[21]  The COVID-19 Inquiry’s communications could have been clearer, but TVNZ has not indicated that they contacted a relevant person or organisation to clarify the deadline. TVNZ received the press release from the COVID-19 Inquiry communications representative at 8.24am on Wednesday 23 April 2025. In that same email, the Inquiry representative asked TVNZ to ‘do a story on the closing of submissions sometime before Sunday’ (see [15b]). So, although the broadcast was recorded live, there should have been time between Wednesday and Saturday to clarify the relevant information before the broadcast, particularly given TVNZ had access to a contact person from the COVID-19 Inquiry.¹⁷

[22]  Accordingly, we uphold this complaint under the first limb of the accuracy standard.

Corrections limb

[23]  In their original complaint and referral to the Authority, the complainant expressed concern at the fact that TVNZ ‘never acknowledged’ the error, nor was an ‘apology given’. 

[24]  On the matter of issuing corrections, the accuracy standard states:

In the event a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice.

[25]  Guideline 6.6 states that where an obligation to correct a material error of fact arises, the broadcaster may correct it in such manner as is reasonable (eg via broadcast or its website), taking into account:

• the nature and impact of the error
• whether the relevant topic is the subject of ongoing updates and developments in which the correction could appear
• the impact of any other media coverage on the likelihood of the audience being misled
• when the error is identified (and any impact of the passage of time on its newsworthiness).

[26]  TVNZ confirmed they were not aware of the error until after the deadline for public submissions had closed. TVNZ advised that in addition to this complainant, one other person made a formal complaint to TVNZ about this broadcast. That complainant said they also contacted TVNZ on the night of the broadcast. However, TVNZ said they have no record of this phone call and ‘the person who was on the news desk did not recall receiving the [call]’. Regardless, ‘as a gesture of goodwill’, ‘a refresher’ was undertaken with the Assignments Desk team ‘about how to deal with these types of calls in the future’.

[27]  This means TVNZ was put on notice about the error when ‘there was no possibility for a meaningful remedy as the deadline had long closed’. We consider that in the circumstances, if there was a breach of the accuracy standard’s requirement to ‘correct’ the error, any potential harm arising does not justify our intervention, given any correction would be provided after expiry of the deadline.

For the above reasons the Authority upholds the complaint that the broadcast by Television New Zealand Ltd of 1News on 26 April 2025 breached the first limb of Standard 6 (Accuracy) of the Code of Broadcasting Standards in New Zealand.

[28]  Having upheld the complaint under the accuracy standard, the Authority may make orders under sections 13 and 16 of the Broadcasting Act 1989. We do not intend to do so on this occasion. We consider the publication of the decision is sufficient to publicly acknowledge the breach of the accuracy standard.

Signed for and on behalf of the Authority

Susie Staley
Chair
21 October 2025

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Jones’s original complaint – 5 May 2025

2  TVNZ’s decision – 22 May 2025

3  Jones’s referral to the Authority – 9 June 2025

4  TVNZ’s response to the referral – 19 June 2025

5  Jones’s further comments – 10 July 2025

6  TVNZ’s further comments – 17 July 2025

7  TVNZ’s further comments – 29 July 2025

8  TVNZ's reasonable efforts submissions - 20 August 2025

9 COVID-19 Inquiry's response to enquiry - 22 August 2025

10  Jones's response to COVID-19 Inquiry comments - 22 August 2025

11  TVNZ's reasonable efforts submissions - 17 September 2025

12  TVNZ's further comments - 22 September 2025

¹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “Make a Submission” <haveyoursay.covid19lessons.royalcommission.nz>
² New Zealand Parliament “Justice Committee agrees short extension to deadline for hardcopy submissions on the Principles of the Treaty of Waitangi Bill” <parliament.nz>
³ National Physical Laboratory “About Us” <npl.co.uk>
⁴ National Institute of Standards and Technology “Times of Day FAQs” <nist.gov>
⁵ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
⁶ Standard 6, Code of Broadcasting Standards in New Zealand
⁷ Introduction, Code of Broadcasting Standards in New Zealand, page 4
⁸ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
⁹ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
¹⁰ National Physical Laboratory “Is midnight 12am or 12pm?” <npl.co.uk>; EarthSky “Is midnight considered today or tomorrow?” <earthsky.org>
¹¹ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “COVID-19 Inquiry Pānui: Issue 18 (8 April 2025)” <covid19lessons.royalcommission.nz>; NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “COVID-19 Inquiry Pānui Issue 17 (11 March 2025)” <covid19lessons.royalcommission.nz>
¹² NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “We want to hear from as many people as possible, says COVID-19 Inquiry Chair” <covid19lessons.royalcommission.nz>; NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “Five years’ on, COVID-19 pandemic still a focus for many” <covid19lessons.royalcommission.nz>; NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “Make a Submission” <haveyoursay.covid19lessons.royalcommission.nz>; NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “COVID-19 Inquiry Pānui: Issue 16 (3 February 2025)” <covid19lessons.royalcommission.nz>; NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “COVID-19 Inquiry to promote public submissions on key topics from today” <covid19lessons.royalcommission.nz>
¹³ NZ Royal Commission of Inquiry into COVID-19 Lessons Learned | Te Tira Ārai Urutā “COVID-19 Inquiry receives more than 31,000 submissions” <covid19lessons.royalcommission.nz>
¹⁴ New Zealand Government “Online portal for COVID-19 Inquiry opens” <beehive.govt.nz>
¹⁵ “Covid 19 Inquiry public submissions closing this weekend” RNZ (online ed, 25 April 2025)
¹⁶ “Last call to share Covid-19 pandemic experience with inquiry” RNZ (online ed, 27 April 2025); “Covid-19 inquiry: Last call to share pandemic experience with inquiry” The New Zealand Herald (online ed, 27 April 2025)
¹⁷ For a similar finding, see Action For Smokefree 2025 and Discovery NZ Ltd, Decision No. 2024-070/071 at [88]