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Findlay and NZME Radio Ltd - 2021-145 (9 February 2022)
2021-145

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created. Not Upheld: Accuracy...

Decisions
McDonald and Television New Zealand Ltd - 2010-015
2010-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that the average difference between men’s and women’s weekly pay was 31 percent – allegedly in breach of accuracy FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 December 2009, examined the issue of gender pay equity in New Zealand. The reporter interviewed a pay equity expert, who stated that “the gender pay gap here in New Zealand is actually wider than most people think. The average difference between men’s and women’s weekly pay is 31% this year....

Decisions
Williams and Wilkinson and TVWorks Ltd - 2009-113
2009-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six cafés in Auckland – stated that food sample from Café Cézanne had tested positive for faecal coliforms which “could make you very sick” – sample had been incorrectly labelled and it was later discovered that it did not come from Café Cézanne – in the meantime broadcaster broadcast an apology (in following episode) that did not exclude possibility that sample came from Café Cézanne – both programmes allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – serious allegation that Café Cézanne’s food was contaminated with faecal coliforms was broadcast without verifying or checking results – sample did not come from Café Cézanne – apology was also inaccurate and inadequate to rectify the breach – upheld Standard 6 (fairness) – broadcaster did not give the complainants a fair and reasonable opportunity to respond because they were not…...

Decisions
Credo Society Inc and Access Community Radio Inc - 1993-089
1993-089

Download a PDF of Decision No. 1993-089:Credo Society Inc and Access Community Radio Inc - 1993-089 PDF447. 43 KB...

Decisions
Tower Insurance Ltd and TVWorks Ltd - 2011-109
2011-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

Decisions
Hodson and TVWorks Ltd - 2012-012
2012-012

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Decisions
Smith and TVWorks Ltd - 2013-035
2013-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the findings of an investigation into the actions of the Government Communications Security Bureau, and the Government’s proposed response to those findings – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – this was a straightforward news report on the findings of an investigation into the legality of the agency’s actions – key finding was that the governing legislation was ambiguous and so arguably the agency did not breach it – reported that the Government’s proposed response was to amend the legislation to clarify ambiguity – item did not analyse or discuss the intentions of the governing legislation – reporter’s comments were accurate in context and would not have misled viewers – not upheld This headnote does not form part of the decision....

Decisions
Watercare Services Ltd and Television New Zealand Ltd - 2011-043
2011-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on water leak in West Auckland – stated that Watercare had failed to respond to complaints about water leak – interviewed representative from Watercare – showed person drinking water which had come from storm-water drain – allegedly in breach of standards relating to accuracy, fairness and children’s interests FindingsStandard 5 (accuracy) – item created impression that complaints made to Watercare and that Watercare failed to respond to complaints – Watercare and council separate organisations – item inaccurate and misleading – however, in light of factual background, broadcaster made reasonable efforts to ensure item accurate and did not mislead – not upheld Standard 6 (fairness) – Watercare invited to appear on Close Up with regard to complaint made 6 November – Watercare given sufficient opportunity to check records given nature of allegations made against it – not upheld…...

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Decisions
RZ and Television New Zealand Ltd - 2016-011 (17 May 2016)
2016-011

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

Decisions
Wilkins and Television New Zealand Ltd - 2010-088
2010-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

Decisions
Waitemata Health and TV3 Network Services Ltd - 2000-052
2000-052

Ms Loates declared a conflict of interest and did not participate in the determination of this complaint. Complaint 20/20 – documentary – mental health outpatient– inaccuracies – lacked balance – discrimination against mental health patients – verbal agreement about interview content Findings(1) Standard G1 – inaccuracies not proven – no uphold (2) Standard G6 – balance provided where required through interview with mental health provider – no further imbalance proven – mentally ill not portrayed as inferior – no uphold This headnote does not form part of the decision. Summary An item on 20/20 called "Flatmate Wanted" was broadcast on TV3 on 12 September 1999, from 7. 30pm. The item concerned the deaths of Lachlan Jones and Malcolm Beggs and was critical of the mental health system, which it implicated in the deaths....

Decisions
Cumin and The Radio Network Ltd - 2014-098
2014-098

Summary [This summary does not form part of the decision. ] During KPMG Early Edition, the host read out an opinion piece criticising Israel’s actions in the Israel-Hamas conflict. She referred to a recent bombing of a UN school which ‘killed everyone inside’. The Authority upheld the complaint that this was inaccurate, as in fact 16 out of 3,300 people sheltering in the school were killed. It did not uphold the complaint other statements were inaccurate, as they were clearly the host’s opinion. The Authority did not make any order, as publication of this decision is sufficient to correct the error. Upheld: Accuracy No Order Introduction [1] During Newstalk ZB’s KPMG Early Edition the host read out an opinion piece about the current Israel-Hamas conflict, in which she was heavily critical of Israel’s actions....

Decisions
Aranyi & Others and Television New Zealand Ltd - 2015-036
2015-036

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

Decisions
20 Complainants and Radio Virsa - 2018-039 (24 August 2018)
2018-039

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

Decisions
Chapple and Television New Zealand Ltd - 2018-064 (26 February 2019)
2018-064

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

Decisions
Beckers and Radio New Zealand Ltd - 2018-008 (18 April 2018)
2018-008

Summary [This summary does not form part of the decision. ]An item on Morning Report reported on and discussed the introduction of ACT MP David Seymour’s End of Life Choice Bill 2017 to Parliament. The broadcast featured excerpts from speeches made during the first reading of the Bill, comments from RNZ’s political commentator and an interview with Mr Seymour. The Authority did not uphold a complaint that statements made by Mr Seymour that ‘[assisted dying is] becoming normal around the world’ were inaccurate. The Authority emphasised the importance of freedom of political expression and the high threshold required to justify limiting that expression. It found that the statement complained about was clearly distinguishable as Mr Seymour’s analysis and opinion, rather than a statement of fact to which the accuracy standard applied. Additionally, alternative viewpoints on the Bill were presented during the item so listeners would not have been misled....

Decisions
Wright and Television New Zealand Ltd - 1991-007
1991-007

Download a PDF of Decision No. 1991-007:Wright and Television New Zealand Ltd - 1991-007 PDF444. 29 KB...

Decisions
Watkins & Yardley and Radio New Zealand Ltd - 2022-142 (12 April 2023)
2022-142

The Authority has not upheld two complaints about an interview on Morning Report with Sue Grey, lawyer for the parents of a baby whose urgent heart surgery had been delayed due to the parents’ concerns regarding blood from donors vaccinated against COVID-19. The essence of the complaints was that the host did not listen to Grey, constantly interrupted her, did not allow her to answer the questions, and pushed his personal views. The Authority found the interview did not go beyond the level of robust scrutiny that could reasonably be expected in an interview with Grey on this subject, noting in particular that Grey was making claims contrary to public health advice, and was able to put forward key points in the course of the eight-minute interview. Therefore the broadcast overall did not result in any unfairness to Grey....

Decisions
Tinsley and Radio New Zealand Ltd - 2020-067 (28 October 2020)
2020-067

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

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