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Download a PDF of Decision No. 1993-128:Colina and Radio New Zealand Ltd - 1993-128 PDF392. 47 KB...

Summary [This summary does not form part of the decision. ] A panel discussion on Afternoons with Jim Mora suggested that fraud in the ‘Māori sector’ is often treated differently to other fraud. The Authority declined to determine the complaint that the programme breached standards because the panellists should have made reference to the ‘2004 Feltex IPO fraud’ as an example of ‘non-Māori fraud’. The complainant’s concerns were matters of personal preference and editorial discretion, and the Authority’s decisions on previous complaints should have put him notice of the likely outcome of this complaint. Declined to Determine: Accuracy Introduction [1] During a panel discussion on Afternoons with Jim Mora, one of the topics was the criticism levelled at a Native Affairs investigation into the potential misappropriation of public funds by the Te Kōhanga Reo National Trust Board....

Summary[This summary does not form part of the decision. ]The Authority declined to uphold a complaint that Radio New Zealand's Sunday Morning coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. The broadcast covered a range of topics including Dirty Politics, and as the book was one of the political 'hot topics' in the lead-up to the 2014 general election and widely reported on, listeners could reasonably be expected to be aware of other views. Not Upheld: Controversial Issues, Fairness, Responsible ProgrammingIntroduction[1] Stephen Lace complained that Radio New Zealand's Sunday Morning programme on 24 August 2014, and specifically the coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. He referred to a 'left wing bias' and a lack of serious analysis and discussion of proposed policy....

*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. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

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....

ComplaintDreams of a Suburban Mercenary – short story – offensive language – broadcaster not mindful of the effect on children FindingsPrinciple 1 – artistic work – acceptable use in context – no uphold Principle 7 and Guideline 7b – not targeted at young listeners – no uphold This headnote does not form part of the decision. Summary [1] "Dreams of a Suburban Mercenary" was the title of the short story broadcast on National Radio after the midday news on Saturday, 2 February 2002. The story included the words "fucking" and "bastard". [2] R L Bailey complained to Radio New Zealand Limited, the broadcaster, that the language breached standards relating to good taste and decency, and that the broadcaster was not mindful of the effect the broadcast may have on children....

ComplaintMorning Report – panel discussion about Biketawa Declaration – presenter biased – panellist treated unfairly FindingsPrinciple 4 – reasonable efforts made to present significant points of view – no uphold Principle 5 – discussion could have been better handled – not, however, a breach of fairness requirement – no uphold This headnote does not form part of the decision. Summary An item on Morning Report, broadcast on National Radio on 31 October 2000 between 7. 20am and 7. 30am, included a panel discussion about the effects of the recently announced Biketawa Declaration, in which Pacific Islands Forum leaders agreed to change a 30-year tradition of non-interference in the internal affairs of member states, to allow the Forum to deal with regional crises....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint and RNZ News– the Executive Director of the Rape Prevention Education Group, Dr Kim McGregor, stated, “I think our focus has to be on the safety of our children, and we know that approximately one in four girls and one in eight boys are likely to experience some form of sexual violence before the age of 16” – news item later reported Dr McGregor “claims”, before repeating the figures – figures allegedly inaccurate FindingsStandard 5 (accuracy) – Dr McGregor’s comment was not a statement of fact but reflected her views and experiences, and was presented from an advocacy perspective – the figures were approximates and while contentious, were supported by some independent research – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] During The Panel, a study was discussed which showed women are now outdoing men in some areas of cognition. The panellists joked about whether the study explained the reasons behind a ‘man’s look’ or why men do not replace toilet rolls. The Authority did not uphold the complaint that their comments denigrated men. They were clearly intended to be humorous and light-hearted, and did not carry any invective. Not Upheld: Discrimination and Denigration Introduction [1] During The Panel, the male host and female panellists discussed a new study which showed women are catching up to men in some areas of cognition and outpacing them in others due to better health, education and living conditions....

Summary[This summary does not form part of the decision. ] Saturday Morning featured an interview with a filmmaker about his recent documentary Going Clear about the Church of Scientology. The Authority did not uphold a complaint that the interview was unbalanced, unfair and biased against the Church. The focus of the interview was the filmmaker's perspective and his experience making the film; it did not discuss a controversial issue of public importance which required a balancing viewpoint to be presented. The nature of the programme was such that the broadcaster was not required in the interests of fairness to inform the Church prior to broadcast or invite its comment in response....

Summary[This summary does not form part of the decision. ]Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] Morning Report featured an interview with Matt Vickers, an assisted dying campaigner and the husband of the late Lecretia Seales, about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand....

Summary[This summary does not form part of the decision. ]Radio New Zealand’s Nine to Noon bulletin included two segments titled ‘What do schools need to do to protect against fraud? ’ and ‘Top tips for global investment’. Mr Golden lodged a complaint with RNZ alleging that the segments breached broadcasting standards. RNZ did not accept Mr Golden’s correspondence as a formal complaint on the basis it related to matters of personal preference which are not covered by the broadcasting standards regime. The Authority considered whether it had jurisdiction to accept Mr Golden’s referral of the matter to the BSA. It found it was open to RNZ to find that Mr Golden’s correspondence did not raise matters of broadcasting standards which triggered the formal complaints process....

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

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon discussed raising the youth justice age. The presenter interviewed a human rights lawyer, a youth worker and the director of JustSpeak. The Authority did not uphold a complaint that the segment was unbalanced. While the interviewees featured all supported raising the youth justice age, the presenter referred to the existence of alternative views on a number of occasions during the item. The issue was also canvassed in detail in other media coverage during the period of current interest, therefore audiences would be aware of a variety of perspectives beyond those put forward by the interviewees....

Summary[This summary does not form part of the decision. ]Saturday Morning featured a 25-minute interview with the Vice President for Energy and Environment Policy at a think-tank in the United States. The interviewee discussed a range of matters to do with environmental policy, including her current concerns, initiatives put in place under the Obama administration that may be threatened by the Trump administration, and how to make climate change a relevant issue to voters. The Authority did not uphold a complaint alleging that the item was unbalanced, as it only presented the ‘progressive, liberal’ perspective on climate change. The Authority considered that, in the context of an interview focused on the professional opinions and experiences of a particular individual, listeners would not have expected the full spectrum of views on climate change to be presented....

Summary[This summary does not form part of the decision. ]A radio play, Playing With Fire, was broadcast on RNZ National on 22 and 26 February 2017, around the time of the Port Hills fires in Christchurch. The play followed a family as they were evacuated from their home in rural Canada due to a forest fire. The focus of the story was the struggling relationship between married couple Judy and Arnold, and its effect on their son, Daniel (who was described as having learning difficulties). The Authority did not uphold a complaint that the broadcast of this play, around the time of the Port Hills fires, was in poor taste. Programme selection and scheduling decisions were ultimately at the discretion of the broadcaster, and the Authority recognised the high value of the fictional work in terms of the right to freedom of expression....

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....