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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...

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....

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

The Authority has not upheld a complaint about an interview with a delegate of the New Zealand Nurses Organisation. The complainant alleged that the interview was unfair, unbalanced and inaccurate as the host was rude, offensive, underprepared and did not allow her to read from a prepared statement. The Authority did not uphold the complaint under the fairness standard as, among other reasons, the interviewee was a delegate from a large union, who can be expected to handle robust questioning. The other standards raised either did not apply or were not breached. Not Upheld: Balance, Accuracy, Fairness...

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: . ....

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(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

The Authority has not upheld a complaint alleging an item on Morning Report misrepresented the Hawke’s Bay Regional Council’s views responding to iwi concerns about groundwater issues, including why local streams were drying up, and did not properly examine the complexity of the issues. The Authority found no breach of the balance standard as the item focused on one aspect of the issue and was clearly presented from the iwi’s perspective, and there is ongoing coverage of various viewpoints on the topic. Not Upheld: Balance...

The Authority did not uphold a complaint about four items on Morning Report covering an open letter to Government calling for ‘a major overhaul of the drug laws’. The Authority found the items did not breach the balance standard, as, while they discussed a controversial issue of public importance to which the balance standard applied, a reasonable range of perspectives were included, particularly given they were reporting on the publication of the open letter. In the context of items covering a challenge to the status quo, and when debate around drug reform is an ongoing issue in New Zealand, it was unlikely that listeners would have been left uninformed or unaware there were other perspectives on this issue. Not Upheld: Balance...

The Authority has not upheld a complaint that an interview with ACT Party leader David Seymour, on the day of the final reading in Parliament of the End of Life Choice Bill, was unbalanced. The complainant submitted that Mr Seymour was given free licence to give his views from his perspective as the sponsor and a strong advocate of the Bill, and it was important that either someone with opposing views was also given an opportunity, or that the interviewer critically questioned him, given the item’s proximity to the final reading of the Bill. The Authority accepted that issues surrounding the Bill and the euthanasia debate more broadly amounted to a controversial issue of public importance that triggered the requirements of the balance standard....

The Authority has declined to determine a complaint regarding a news item which included a quote from Liz Cheney calling Donald Trump’s claims that he had won the 2020 US Election ‘dangerous lies’. The complainant was concerned about RNZ referring to some politicians as liars but not others. The Authority found the content of the complaint did not relate to the substance of the broadcast, and was not capable of being properly determined by a complaints procedure. Declined to Determine: Programme Information, Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989)...

The Authority has not upheld a complaint that the use of the term ‘booted out’, in reference to the Speaker of the House, Hon Trevor Mallard, ejecting the Leader of the Opposition, Hon Simon Bridges, from the House, was inaccurate. The Authority found there was no reason to suggest the broadcaster did not make reasonable efforts to ensure the accuracy of the broadcasts complained about. The Authority found that the use of terms such as ‘booted out’ and ‘kicked out’, in reference to Members of Parliament who have been ordered by the Speaker of the House to leave the House, is common in New Zealand and therefore its use was unlikely to mislead or misinform listeners. Not Upheld: Accuracy...

The Authority has not upheld a complaint that segments on the News and Morning Report reporting on a murder suicide breached the good taste and decency, children’s interests and violence standards. The Authority noted the public interest in the broadcasts and audience’s awareness of the need to exercise discretion during news programming to regulate what their children are exposed to. The Authority also found that the News bulletins covering the item did not reach the threshold necessary to require a warning and that the warning that preceded the Morning Report item was sufficient to enable audiences to make informed choices as to whether they, or children in their care, should listen to the broadcast. Not Upheld: Good Taste and Decency, Children’s Interests, and Violence....

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....

SummaryThe subject of liable parent contributions was discussed on Nine to Noon on 3 August1993 and unemployment on Morning Report on 13 August 1993. Mr Fudakowski complained to Radio New Zealand Ltd that the dissenting view given in thediscussion about liable parents was unsourced and therefore was neither balanced norimpartial. With respect to the second item, he complained that comments about theinevitability of long-term unemployment were deeply offensive and lacked balance andobjectivity. In response, RNZ denied that the news items encouraged discrimination against anygroup, or that they were so lacking in balance that they were in breach of broadcastingstandards. Pointing out that the items contained expressions of opinion about matters ofpublic interest, RNZ explained that it could find no justification for the contention that thereporting of those statements imposed an obligation on the broadcaster to undertake anin-depth investigation into the subjects discussed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report and RNZ News – items reported findings of Waitangi Tribunal report into WAI 262 claim – included interview with Don Brash and Paul Moon – reported Mr Brash’s opposition to the report’s recommendations – allegedly in breach of broadcasting standards FindingsStandard 4 (controversial issues) – Waitangi Tribunal’s findings on WAI 262 claim was a controversial issue of public importance – RNZ News bulletin did not amount to a “discussion” – Morning Report item amounted to a “discussion” and contained balancing perspectives – alternative viewpoints provided in other coverage within period of current interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Morning Report, broadcast on Radio New Zealand National at 8....

The Authority has not upheld a complaint that two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]Allan Golden complained about two segments broadcast on RNZ’s Morning Report and Nine to Noon programmes. The Authority declined jurisdiction to accept and consider the complaints. The Authority found it was open to the broadcaster to not accept these as valid formal complaints, on the grounds the complaints were based on the complainant’s own opinions of what the broadcasts should include, rather than raising issues of broadcasting standards. Declined Jurisdiction  Introduction[1] Allan Golden lodged two separate complaints with RNZ National about an item broadcast during Morning Report on 20 November 2017, and an item broadcast during Nine to Noon on 2 November 2017....

The Authority has not upheld a complaint under the balance and accuracy standards about a series of Radio New Zealand broadcasts on 26 June 2020. The items concerned the Government’s management of COVID-19 at the international border, and referred to a series of events including the failure to test 55 individuals for COVID-19 before release from quarantine as ‘border blunders’, ‘bungling at the border’, and ‘COVID botch ups’. The Authority considered the statements were not of fact but of opinion, to which the accuracy standard did not apply, and the broadcasts were unlikely to mislead listeners. The Authority considered the assessment of the Government’s management of COVID-19 at the international border to be a controversial issue of public importance, but found alternative viewpoints were included to enable listeners to arrive at an informed opinion. Not Upheld: Balance, Accuracy...