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A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

The Authority has not upheld a complaint about an item on 1 News that reported a third marine heatwave in four years in Auckland and Northland. It described the causes of the heatwave in terms of subtropical winds and global warming, and its consequences in terms of sea level rises and ocean acidification, and included comments from local experts. The complaint was that the broadcast misled viewers to believe the higher ocean temperatures in Northland and Auckland were due principally to climate change and the warming effects were global (when actually the heatwave was driven by a natural climate event, occurring locally). The Authority found the broadcaster made reasonable efforts to ensure accuracy, including reliance on authoritative experts, and the broadcast was unlikely to mislead viewers. Not Upheld: Accuracy...

The Authority has not upheld two complaints that it was inaccurate and/or unbalanced for an item on 1News to describe land in central Auckland as being ‘gifted’ by Ngāti Whātua to the Crown in 1840. The Authority found it was not materially inaccurate to describe the land in this way in the context of an item focused on Ngāti Whātua’s call to change Auckland Anniversary Day. Further, any harm caused by not including a detailed explanation of the land transfer did not outweigh the broadcaster’s right to freedom of expression. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

The Authority has not upheld a complaint about an item on 1 News covering the impact of COVID-19 on attendance at Christmas celebrations around the world. The complaint was the coverage of celebrations in Bethlehem, with reference to the closure of Israel’s international airport, created the impression that Bethlehem is part of Israel. The Authority acknowledged Bethlehem is a highly contested area, but also noted the broadcast was not about the Israel-Palestine conflict. The Authority found, in the context of the broadcast, the brief segment on celebrations in Bethlehem and the simple reference to the closure of Israel’s international airport was unlikely to have misled viewers. Not Upheld: Accuracy...

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....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed....

The Authority has not upheld a complaint that an item on 1 News reporting on the Government’s financial accounts breached the accuracy standard. The complainant alleged the Political Editor’s statement in the item that “…a bigger tax take has meant the deficit is half what was predicted in the May budget, a saving of more than 9 billion” was inaccurate, as it gave the impression that the lower-than-forecast deficit was achieved entirely from a bigger tax take, when almost a third of the saving came from less Government expenditure than predicted. While acknowledging the statement may have been misleading taken in isolation, the Authority found the brief statement would not have significantly affected the audience’s understanding of the item as a whole. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]A 1 News segment on 14 November 2017 discussed the effect of an expanding Chinese economy on global carbon dioxide (CO2) levels. In a pre-recorded item from the BBC, with reference to the release of CO2, a BBC Correspondent said that ‘the gas traps heat in the atmosphere’. The Authority did not uphold a complaint that the item was inaccurate or unbalanced. The Authority found that the broadcaster was entitled to rely on internationally reputable sources to support the BBC Correspondent’s statement on the issues addressed in the segment. The Authority also found that the broadcaster’s reliance on this leading scientific theory to the exclusion of others in the broadcast was unlikely to leave viewers significantly misinformed....

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Warning: This decision contains content that some readers may find distressing. An item on 1 News reporting on a mass shooting in Buffalo, US, showed an edited clip from the attacker’s livestream video. The clip, approximately 16 seconds long and without audio, showed the masked attacker driving into the supermarket carpark, stopping his vehicle, getting out of the car and raising a gun. The complaint alleged the broadcast of the clip breached the good taste and decency, violence, and law and order broadcasting standards....

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....

The Authority did not uphold a complaint that an item on 1 News, which reported on the United States (US) government shutdown, breached the accuracy standard. The Authority found the statement: ‘The crisis began after Democrats refused to sign off on the President’s demands for eight and a half billion dollars to build a border wall with Mexico’, was unlikely to mislead or misinform viewers about the latest events in the US government shutdown, reported on during the item. The Authority noted that in the context of the item as a whole, the presenter’s comment was an acceptable shorthand introduction to the key issues reported on. Finally, in this case the Authority found that the broadcaster was not required, in the interests of accuracy, to specify that the amount sought for the border wall was reported in New Zealand dollars. Not Upheld: Accuracy...

The Authority has not upheld a direct privacy complaint regarding a 1 News item reporting on Kamahl Santamaria’s resignation from Breakfast, where it was stated that ‘allegations of inappropriate behaviour have surfaced’ (reported earlier that day by Stuff). The Authority found Santamaria did not have a reasonable expectation of privacy in relation to the information reported, and the item carried high public interest. Not Upheld: Privacy...

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 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...

Leigh Pearson 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 1 News reported on the Labour Party’s ‘Ready for Work’ policy, which offered unemployed young people employment on the minimum wage in environmental and community projects for six months. The item reported that, according to Labour, the scheme would cost $60 million per year for 10,000 participants. However, the $60-million sum was actually ‘based on participants taking up the scheme for just four months, not the promised six’. The Authority did not uphold a complaint that the item was based on inaccurate and unsubstantiated conclusions made by the reporter featured in the item, which was misleading and damaged the credibility of the Labour Party....

The Authority has not upheld a complaint from Māori Television Service (MTS) about an item on 1 News concerning the MTS online COVID-19 programme Tapatahi. MTS argued the piece inaccurately reported it had received nearly $300,000 of Government funding for the programme, and that the Government was calling for a review as Tapatahi was presented by MTS’s Chief Executive. The Authority found the item was materially accurate and MTS was given a fair and reasonable opportunity to respond. Not Upheld: Accuracy, Fairness...