Showing 1 - 20 of 96 results.
The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected.
Not Upheld: Good Taste and Decency and Children’s Interests
The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy. This was because, although the woman who had made the HDC complaint could disclose this to others, and the HDC does not have the power to order name suppression, the HDC process is otherwise treated as a confidential process. The complainant could reasonably expect the complaint would not be disclosed to a national audience without any prior warning or a chance to respond. Removing the complainant’s name from the item would not have detracted from the public interest in the story overall.
Upheld: Fairness, Privacy. Order: Section 16(1) - $3,450 legal costs to complainant
The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. 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 to determine her personal view on the topic. With respect to balance, the Authority was satisfied that the End of Life Choice Act and related issues were widely covered by RNZ within the period of current interest in those topics, including views in support of the End of Life Choice Act. The interviewer and the author also acknowledged the existence of other views within the item, which was adequate in the context. Considering whether the item was inaccurate or misleading in the manner alleged, the Authority noted the interviewer questioned the author about the weighting of views in the book (17:4 opposed to assisted dying) and whether she approached it with any particular position of her own. Overall, the Authority did not find actual or potential harm at a level that justified regulatory intervention or restricting freedom of expression.
Not Upheld: Balance, Accuracy
The Authority has not upheld a complaint that an episode of Sunday concerning the increasing population of wallabies in New Zealand was inaccurate and unbalanced. The Authority found that the balance standard did not apply as the segment did not discuss a controversial issue of public importance. The Authority also found that the reference to wallabies as an ‘Aussie pest’ did not amount to a material inaccuracy as it was unlikely to significantly affect the audience’s understanding of the programme as a whole.
Not Upheld: Balance, Accuracy
The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance. The Authority made no orders, and determined that the publication of the decision was sufficient to publicly notify the breach, to censure the broadcaster and to provide appropriate guidance to the broadcaster and broadcasters generally.
Sunday: Not Upheld: Fairness, Balance, Accuracy
Breakfast: Upheld: Fairness, Balance. Not Upheld: Accuracy (Action Taken)
1 News: Upheld: Fairness. Not Upheld: Balance, Accuracy
No orders
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. Finally, the Authority did not consider the programme contained any inaccurate statements of fact or would have misled viewers.
Not Upheld: Privacy, Fairness, Accuracy, Good Taste and Decency, Programme Information
The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast.
Not Upheld: Accuracy, Fairness
The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression.
Not Upheld: Balance, Accuracy
The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one‑on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals. However, in this case the Authority recognised the legitimate public interest in the issue of gay conversion therapy in New Zealand, and the role of investigative journalism in disclosing issues such as this to the New Zealand public. The Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera and therefore did not uphold the privacy complaints.
Not Upheld: Privacy
The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera. Further, the broadcaster complied with its obligations under the fairness standard, providing the complainants with sufficient information about the nature of the broadcast and X’s participation, and a fair and reasonable opportunity to comment in response to the issues raised by the programme. Finally, the Authority found that the broadcast accurately and fairly portrayed the nature of the conversation between X and Jay, and the support and services being offered to him.
Not Upheld: Privacy, Fairness, Accuracy
The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item. The Authority further determined that, while an interview of Mr Molyneux was heavily edited, the extract was unlikely to mislead viewers or result in any undue harm to the reputations of Mr Molyneux or Ms Southern. Finally, the Authority emphasised the importance of public discussion and discourse about the issues of freedom of expression and harmful speech and the important role broadcasts like this play in that discussion.
Not Upheld: Balance, Accuracy, Fairness
Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed.
An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry. B operated a ‘low-intensive’ farm, with a focus on soil health and mixed pasture, while A used more traditional farming methods. The Authority did not uphold a complaint that the two farms were not representative of dairy farms in New Zealand, which was misleading, unbalanced, and unfair to the farmers involved and to the wider industry. The item was clearly approached from the narrow perspective of the two featured farmers, who provided their views based on their own experiences. As such, viewers would not have expected their perspectives, or their farms or farming practices, to be representative of the industry as a whole. The Authority found that, while some aspects of the programme may have been challenging for viewers, this did not reflect negatively on those featured, or on the wider industry. Given the item’s narrow perspective, it did not amount to a discussion of a controversial issue of pubic importance, and was therefore not subject to the requirements of the balance standard.
Not Upheld: Accuracy, Fairness, Balance
Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed.
An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles. B operated a ‘low-intensive’ farm, with a focus on soil health and mixed pasture, while A used more traditional farming methods. The Authority did not uphold a complaint that this item was misleading, unbalanced and treated one of the farmers, A, unfairly. The item was clearly approached from the narrow perspective of the two particular farmers, and was focused on hearing their views about the issues canvassed in the item. As such, viewers would not have expected the item to represent all farmers or farming styles. The Authority did not agree that the item made a direct comparison between the two farms, favouring one over the other, and considered that all participants were portrayed positively in the item. Given the item’s narrow perspective, it did not amount to a discussion of a controversial issue of public importance, and was therefore not subject to the requirements of the balance standard.
Not Upheld: Accuracy, Fairness, Balance
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. The allegedly inaccurate statement made by Mr Chapman represented his interpretation of the issues discussed, and as such could be distinguished as analysis, comment or opinion, rather than a point of fact subject to the accuracy standard.
Not Upheld: Balance, Fairness, Accuracy
An item on Sunday Morning featured an interview with journalist Paula Penfold about the recently published book, Don’t Dream It’s Over: Reimagining Journalism in Aotearoa New Zealand. During the interview, Ms Penfold discussed the Stuff Circuit team’s investigation into the death of a teenage girl with Down Syndrome at the Gloriavale Christian community. Ms Penfold referred to the complainant’s documentary, Gloriavale: A Woman’s Place, saying, ‘And I know a little bit about how that works with Hopeful Christian, the leader at Gloriavale. You know, he will insist on editorial control’. The Authority did not uphold a complaint that Ms Penfold’s statements were inaccurate. Ms Penfold’s statement represented her own analysis, comment or opinion, based on her experiences at Gloriavale, and so was not subject to the accuracy standard. While Ms Penfold spoke authoritatively, in the context of her full statement, and the item as a whole, the Authority did not consider that listeners would have interpreted her comments as fact.
Not Upheld: Accuracy
An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage. The broadcaster exercised adequate care and discretion when showing footage of cruelty against bobby calves.
Not Upheld: Controversial Issues, Accuracy, Privacy, Violence, Discrimination and Denigration, Fairness
An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading.
Not Upheld: Privacy, Fairness, Controversial Issues, Accuracy
An item on Sunday discussed AC/DC drummer Phil Rudd’s alleged unsafe sex practices with escorts. The Authority did not uphold a complaint that the item breached Mr Rudd’s privacy. The information disclosed during the item was already in the public domain and widely broadcast, so did not constitute private facts. The item also did not disclose any personal details about Mr Rudd for the purposes of encouraging harassment.
Not Upheld: Privacy
Sunday focused on an initiative by a road safety organisation which creates images of car crash victims as they would appear now. One of the families taking part in this initiative lost their seven-year-old boy, who was killed by drink-driving teenagers 17 years earlier. The incident was briefly recounted, showing footage of the driver of the car and of several passengers. The Authority did not uphold a complaint that the item breached the privacy of the young people involved in the crash. The crash was a sufficiently serious and well-known event that the facts about it and the individuals’ involvement had not become private again through the passage of time. The story carried high public interest and did not revisit the incident in a manner that would be considered highly offensive to an objective reasonable person.
Not Upheld: Privacy
Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel’s arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel’s treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly.
Upheld: Controversial Issues
Not Upheld: Accuracy, Discrimination and Denigration, Fairness
No Order