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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-061 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CONNELL of Rotorua Broadcaster RADIO NEW ZEALAND LIMITED L M Loates R McLeod J Withers...

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...

*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. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

Summary An item on Morning Report dealt with genetically modified plants. In some parts of the item, the commentary and opinions were accompanied by music. The item was broadcast on National Radio on 5 May 1999 at about 7. 50 am. Mr Purvis complained to Radio New Zealand Limited that the "mood music" which was played was designed to engender a sense of foreboding. He questioned whether similar music would follow a report about an out-of-favour politician. RNZ responded that the music drew attention to some of the opinions expressed in the item. The item itself did not pass judgment on whether those opinions were correct or not, it wrote. Some public alarm already existed about the issue of genetic modification of plants, it submitted, and the music highlighted parts of the item but it did not create alarm....

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

ComplaintMorning Report – item about benefits of replacing sugar with artificial sugar – public health researcher referred to sugar and butter as “natural poisons” – implied butter more harmful than margarine – stated New Zealanders’ shift to margarine had had substantial effect on heart disease rates – item allegedly unbalanced and inaccurate – butter not a poison – studies link margarine with increased risk of death/disability Findings Principle 4 – item not about butter – no requirement for balance – Principle 4 not applicable Principle 6 – not Authority’s role to decide whether butter is more or less harmful than margarine – decline to determine; “natural poison” the expression of opinion – not upheldThis headnote does not form part of the decision Summary [1] Senior public health researcher Professor Rod Jackson was interviewed on Morning Report on National Radio on 24 October 2003 in relation to his call for hospitals and schools to replace…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with South African Rugby Union President about the possibility of a rugby game between the New Zealand Māori team and the South African team – allegedly in breach of fairness Findings Standard 6 (fairness) – interviewee had sufficient opportunity to respond and clearly expressed his views – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] During Morning Report, broadcast on Radio New Zealand National between 6am and 9am on 20 February 2009, the host spent approximately six minutes interviewing the President of the South African Rugby Union. They discussed the possibility of revising the Union’s rules against playing racially selected sports teams, to allow a rugby game between the New Zealand Māori team and the South African team. The interviewee expressed the following views on the subject: . ....

Download a PDF of Decision No. 1992-013:Jensen and Radio New Zealand Ltd - 1992-013 PDF279. 29 KB...

The Authority has not upheld a complaint that an item covering the Electricity Authority’s new trading rule breached the accuracy and fairness standards. The item was materially accurate, given its focus was the introduction of a new trading rule, motivated in part to address an undesirable trading situation (associated with Meridian Energy’s actions). It was not unfair to Meridian, as the programme was not inaccurate in how it presented Meridian’s contribution to the ‘revamped’ rule. Not Upheld: Accuracy, Fairness...

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that an interview with Simon Bridges, National Party leader and Leader of the Opposition, was in breach of the accuracy, balance and fairness standards. The complainant submitted that the interviewer’s description of a tweet from National MP Chris Penk regarding the Abortion Legislation Bill as ‘fake news’, ‘misinformation’, and ‘wrong’ was inaccurate. The Authority found that this description amounted to comment and analysis, to which the accuracy standard does not apply. The Authority also found that the interview was balanced, as it was reasonable for the interviewer to take a position opposing that of Mr Bridges, and Mr Bridges was given ample opportunities to present his perspective on issues discussed....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that a segment on Morning Report breached the discrimination and denigration, and accuracy standards. The report was about trans men and non-binary people missing out on notifications for cervical screenings, due to how gender and sex are recorded by health services. The Authority found that the discrimination and denigration standard was not breached as the terminology used was specifically chosen to be inclusionary rather than exclusionary, and the inaccuracies alleged by the complainant were immaterial to the broadcast as a whole. Not Upheld: Discrimination and Denigration and Accuracy...

The Authority did not uphold a complaint that an interview with Hon Paul Goldsmith on Morning Report breached the balance and fairness standards. As the complaint did not specify a particular ‘controversial issue of public importance’ the balance standard did not apply. The Authority highlighted the value of robust political discourse and the vital role of media in encouraging and engaging in such discourse. Considering the nature of the programme and contextual factors, including the significant public interest in the interview and Mr Goldsmith’s experience in dealing with the media, the Authority did not find Mr Dann’s interview approach to be unfair. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint about an item on Morning Report which briefly discussed soil contamination at, and the possible repurposing of, a chemical plant site in Paritutu, New Plymouth. The complainant, an interviewee on the broadcast, argued the item misrepresented likely contamination levels by citing test results from outside of the plant site, and through a comment that the site was cleaner than that at Mapua. The Authority found the statements complained about either were not materially inaccurate, or were clearly distinguishable as opinion, to which the requirement for factual accuracy does not apply. The broadcast was unlikely to mislead listeners. The balance and fairness standards either did not apply or were not breached. Not Upheld: Accuracy, Balance, Fairness...