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Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...
Summary [This summary does not form part of the decision. ]During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The Authority did not uphold the complaint that the reports were inaccurate. While the use of inconsistent terms was sloppy, it was obvious to viewers in the context of weather reports that these were references to wind speeds and not to any other unit of measurement, so viewers were not misled. Not Upheld: Accuracy Introduction[1] During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The reports were broadcast on 14 and 15 October 2013 on TV ONE....
The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....
The Authority did not uphold a complaint that the use of the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ in a Newshub segment that reported on these products, their availability and the fact they have been responsible for a large number of deaths in New Zealand recently breached the accuracy standard. The Authority found that while these products do not contain actual cannabis, the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ are commonly used to describe them, both by agencies like the Ministry for Health and the NZ Drug Foundation, and also by the media. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by their use in this broadcast. Not Upheld: Accuracy...
An episode of The Panel included an interview with a professor from the department of preventive and social medicine, whose focus is respiratory epidemiology, about his research on the effects of smoking cannabis on the lungs. The Authority did not uphold a complaint that the interview breached the accuracy and balance standards. The Authority did not consider the accuracy standard applied as the interview was a short conversation about the findings of the study where the interviewee was clearly giving his own perspective and analysis, having conducted his own research on the topic. The Authority accepted that the wider debate about cannabis legalisation is a controversial issue of public importance, of which the interview was narrowly focussed on one aspect (the alleged health effects)....
The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....
The Authority has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...
The Authority has not upheld a complaint about an item on 1 News that reported a third marine heatwave in four years in Auckland and Northland. It described the causes of the heatwave in terms of subtropical winds and global warming, and its consequences in terms of sea level rises and ocean acidification, and included comments from local experts. The complaint was that the broadcast misled viewers to believe the higher ocean temperatures in Northland and Auckland were due principally to climate change and the warming effects were global (when actually the heatwave was driven by a natural climate event, occurring locally). The Authority found the broadcaster made reasonable efforts to ensure accuracy, including reliance on authoritative experts, and the broadcast was unlikely to mislead viewers. Not Upheld: Accuracy...
The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply. Not Upheld: Accuracy...
Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....
The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...
The Authority did not uphold an accuracy complaint about a Newshub item describing a storm in Australia as a ‘one in 100 year storm’. The statement was a technical point unlikely to significantly affect the audience’s understanding of the item as a whole. Not Upheld: Accuracy...
During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...
The Authority has not upheld a complaint that comments made by Dr Michael Baker and Hon Chris Hipkins during interviews on The AM Show were inaccurate and misleading. When asked (in separate interviews) whether there had been any severe adverse reactions to the COVID-19 Pfizer vaccination recorded in New Zealand, Dr Baker stated he was not aware of any, while Mr Hipkins stated there had been ‘a handful of people’ and ‘a few’ that had experienced side effects in general. At the time of the broadcasts, there were 180 serious adverse reactions that had been reported, 0. 02% of the total doses administered. The Authority found that Dr Baker’s statements were comment, analysis or opinion to which the accuracy standard does not apply....
The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....
The Authority has not upheld a complaint under the fairness, balance, and accuracy standards from environmental protest group Honour the Maunga, about a series of Radio New Zealand broadcasts on 15-19 April 2020. The items concerned the removal of the group’s unoccupied camp from Ōwairaka (Mt Albert) for allegedly breaching lockdown rules. Overall, the Authority found that the series of broadcasts was unlikely to cause undue harm to the reputation of Honour the Maunga, and was unlikely to mislead listeners. This was a series of short news items covering a developing story, which, importantly, included the complainant’s response to the key points in the reports, namely that the group had not breached lockdown rules and was otherwise entitled under the New Zealand Bill of Rights Act to occupy the site....
The Authority has upheld an accuracy complaint about a ThreeNews item reporting, ‘The Israeli military has carried out three strikes on Gaza. It comes after Hamas attacked Israeli troops in the south of the Strip. . . ’ An ITV reporter also stated in a pre-recorded update from Tel Aviv, ‘There were two problems today: a gun and rocket attack by Hamas on Israeli troops in southern Gaza… the Israelis chose to respond to those ceasefire violations. . . ’ The complaint was that viewers could only have concluded that ‘Hamas had breached the ceasefire and Israel had responded’, when the item should have reported that was ‘according to’ the Israel Defense Forces, and Hamas had already said it had ‘no connection’ to the alleged attack. The Authority agreed that the lack of attribution or acknowledgement that Hamas disputed Israel’s allegations constituted a materially misleading omission....
An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...
The Authority declined to determine two complaints as they did not raise any issues of broadcasting standards that warrant a determination. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy...
Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....