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Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a story on Prime News, reporting on incorrect deductions that were made from a solo mother’s benefit, was inaccurate and resulted in Work and Income New Zealand (WINZ) being treated unfairly. The featured mother was repaid $7,000 from WINZ after discovering that deductions had been made from her benefit in error, as she qualified for an exemption from a policy requiring her to identify the father of her child. The Authority considered that the item was a fair and accurate report on the issue. WINZ was the agency responsible for administering the woman’s benefit and for making the deductions under legislation. It was therefore reasonable for the broadcaster to refer to WINZ and to rely on comment from the Minister for Social Development in response....

The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

The Authority has not upheld a complaint that a Newshub Nation item reporting poll results on support for Auckland Central constituency candidates was misleading, as it excluded undecided voters. The Authority found the results were not inaccurate or misleading in the context of the whole item. There was lengthy discussion that followed concerning the poll results and the views of each of the candidates, and at the end of the item, the reporter advised more than 20% of voters still had not decided which candidate to support. Overall, the Authority did not find actual or potential harm that justified regulatory intervention or limiting the right to freedom of expression. Not Upheld: Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Summary [This summary does not form part of the decision. ]An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful. The Authority did not uphold the complaint that the comment that ‘the European Union’s recommended standard… is even more stringent than the standard here’, and the accompanying graphic, were inaccurate. Taken in the context of the whole item, the statement was sufficiently clarified so viewers would not have been misled. The key message was that air pollution is a serious problem impacting on public health, so New Zealand should consider adopting standards applied in other countries, not currently applied here. Not Upheld: Accuracy Introduction[1] An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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 did not uphold a complaint that the phrase ‘pissed off’ in the opening to a news item breached the good taste and decency and children’s interests standards. The phrase was unlikely to cause widespread undue offence or cause specific harm to a child audience. Not Upheld: Good Taste and Decency, Children’s Interests...

The Authority did not uphold a complaint regarding inclusion of a comment, ‘The party is reeling’, in the context of a news bulletin regarding the resignation of National Party Members. The complainant submitted this was unnecessary editorial comment which should not have been in a news bulletin. The Authority found the comment was distinguishable as analysis or opinion, a matter of editorial discretion and unlikely to mislead listeners. Not Upheld: Accuracy...