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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Summary The weather in Northland was predicted to include a few showers turning to rain later, according to the midday weather forecast on Concert FM on 15 July 1999. Michael Batham of Russell complained to Radio New Zealand Ltd, the broadcaster, that the weather report was inaccurate and did not fully inform listeners of the actual conditions. He said that the following day a news item reported that there had been a number of road accidents in Northland which had been caused by bad weather. He also complained that the weather forecasts in general were too inaccurate for boating people to rely on. RNZ responded that, given the brevity of the forecast used on Concert FM and the large geographical area of each region, there was no inaccuracy in the information conveyed. It emphasised that full marine forecasts were available from other sources....

ComplaintNational Radio – Saturday Morning programme – host referred to rock band as "miserable buggers" – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Principle 1 Principle 1 – language did not refer to anal intercourse or bestiality – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] During the Saturday Morning programme broadcast on National Radio on 28 July 2001, the host described a rock band as the most "miserable buggers" he had ever seen. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the word "bugger" was contrary to good taste and decency. [3] Declining to uphold the complaint, RNZ noted that the Authority's research showed that almost three-quarters of those interviewed considered the word "bugger" to be acceptable....

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

Download a PDF of Decision No. 1990-012:Wood and Radio New Zealand Ltd - 1990-012 PDF452. 75 KB...

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a Swedish historian and author. During the interview, the presenter allegedly quoted former Finance Minister, Sir Roger Douglas. At the end of the item, the presenter also read out negative and critical comments from listeners about the interview. The Authority did not uphold a complaint that the presenter’s statement, allegedly attributed to Sir Roger Douglas, was inaccurate, and that reading out the comments received was offensive. The statement was not a material point of fact in the context of the item and would not have affected listeners’ understanding of the item as a whole, which was focused on the views and work of the interviewee. Further, listeners were unlikely to have understood the statement to be a direct quote from the former Finance Minister, and would not have been misled....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item reported that 66 New Zealanders had opted to change their status as Distinguished Companions of the New Zealand Order of Merit and take on the titles “Sir” or “Dame” – included interview with Witi Ihimaera – presenter referred to Mr Ihimaera as being a Companion of the New Zealand Order of Merit – allegedly inaccurate FindingsStandard 5 (accuracy) – the full title of Mr Ihimaera’s honour was not a material point of fact – listeners understood that he could have received the title of “Sir” but had declined to adopt it – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Peewee’s Sister – children’s short story about a boy who was being bullied for his school lunch – story contained two parts involving scuffles between characters – allegedly in breach of good taste and decency, law and order and social responsibility Findings Principle 7 (social responsibility) – theme of a bully being beaten by his own tactics of physical force not inappropriate for a children’s story – broadcaster sufficiently considered the story’s effect on child listeners – not upheld Principle 1 (good taste and decency) – subsumed into consideration of Principle 7 Principle 2 (law and order) – subsumed into consideration of Principle 7 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon (x2), Today in Parliament, Saturday Morning with Kim Hill, Morning Report – each used the term “front bums” – allegedly offensive – the word “bloody” used once – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – “front bums” – novel phrase – mildly vulgar – “bloody” – mild expletive – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The Hon John Tamihere MP, a cabinet minister at the time, used the phrase “front bums” to describe women in a magazine interview. The phrase was later used on National Radio on Nine to Noon broadcast on 12 and 14 April 2005, on Today in Parliament at 6. 35pm on 12 April, and on Saturday Morning with Kim Hill at 9. 05am on 16 April....

Summary[This summary does not form part of the decision. ] A segment on RNZ National’s programme This Way Up, titled ‘Why Women Live Longer’, featured an interview with a science journalist about her latest book. In the introduction to the segment, the programme presenter referred to the average life expectancy of men and women in New Zealand born in 2016. Mr Golden complained to the broadcaster under the accuracy standard that the references to life expectancy did not take into account quality of life. The Authority declined to determine the complaint on the basis that it was frivolous and trivial, and concerned matters of personal preference rather than matters of broadcasting standards that can be addressed under the Radio Code. Declined to Determine: Accuracy Introduction[1] A segment on the RNZ National programme This Way Up featured an interview with a science journalist about her latest book....

Summary[This summary does not form part of the decision. ]An item broadcast during RNZ News reported on cycling campaigner Peter Walker’s new book, following an interview between RNZ and Mr Walker earlier that day. The item reported that helmets ‘do little to improve safety’ and are ‘stopping people from taking up cycling’. The Authority did not uphold a complaint that the omission of any reference to Mr Walker’s position on mandatory helmet legislation was misleading as Mr Walker is not ‘against helmets’ but rather against mandatory helmet laws. The Authority found that, while the short news item truncated a sophisticated topic and did not refer to Mr Walker’s views on mandatory helmet legislation, the ideas communicated in the news item were not materially different to the key themes communicated by Mr Walker during his earlier interview broadcast on RNZ....

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

A complaint that a segment on Checkpoint that discussed vaccinations was inaccurate was not upheld by the Authority. WAVESnz complained that several statements made by Professor John Fraser during the segment regarding the safety of vaccinations and the contents of vaccines were inaccurate and misleading. The Authority noted that it was not its role to determine the scientific accuracy of Professor Fraser’s statements. It found, however, that RNZ made reasonable efforts to ensure the accuracy of the broadcast, taking into account a number of factors including Professor Fraser’s reputation and the lack of any reason to question the accuracy of the views expressed by Professor Fraser. The Authority did not identify any real or potential harm and therefore found any restriction on RNZ’s right to freedom of expression on this occasion would be unjustified. Not Upheld: Accuracy...

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An item on Checkpoint was introduced by the newsreader saying, ‘The Māori Education Trust has had to sell its only assets – its farms – putting at risk the grants it is required to make to Māori students’. The item went on to discuss the financial history of the Trust. The Authority did not uphold a complaint that the introduction was inaccurate in that the sale of the farms had actually improved the financial position of the Trust. The financial ‘risk’ alleged by the broadcast is not a fact able to be objectively determined, and the Trust was able to put forward its position in the item, so listeners would not have been misled....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...