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Download a PDF of Decision No. 1993-147:Macskasy and TV3 Network Services Ltd - 1993-147 PDF320. 2 KB...

Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

The Authority has declined to determine a complaint under the good taste and decency, children’s interests and accuracy standards, about a fictional character’s description of milk in an episode of Saturday Storytime. The Authority declined to determine the complaint on the basis it was trivial and did not raise any issues of broadcasting standards at a level which warranted consideration. Declined to Determine: Good Taste and Decency, Children’s Interests, Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...

The Authority has not upheld a complaint about a Te Ao Māori News report on a   protest against Te Uru Taumatua (the Tūhoe governing authority). It found the discrimination and denigration standard did not apply as the broadcast was about individuals or an organisation rather than a recognised section of society as contemplated by the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the programme, the alleged inaccuracies were either not inaccurate or not materially misleading and Te Uru Taumatua and Terehia Biddle were treated fairly in the broadcast. Not Upheld: Discrimination and denigration, Balance, Accuracy, Fairness...

The Authority did not uphold a complaint regarding an episode of The Detail which investigated the New Zealand Film Commission’s management of a conflict of interest relating to its CEO at the time. The complainant considered the broadcast breached the balance and accuracy standards by not discussing the ‘significance of NZ On Air’s’ role in this matter. The Authority considered the complaint largely constituted a matter of personal preference, which is not capable of being resolved by a complaints procedure. Further, the proposed detail was additional to, rather than inconsistent with, any perspective presented in the broadcast so its absence was unlikely to misinform listeners. Not Upheld: Balance, Accuracy...

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

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 issued a split decision in relation to a Sunday item which reported on a ‘silicosis epidemic’ in Australia’s engineered stone workforce and raised questions about New Zealand’s response to the same concerns, suggesting New Zealand is failing to address its own ‘looming health crisis’. The complaint alleged the broadcast breached the accuracy and balance standards as it misled the audience to believe the industry in New Zealand had the same regulatory failings as Australia, and was unbalanced as it omitted other perspectives on the New Zealand situation (for example, from the industry). The Authority did not uphold the accuracy complaint, finding it was reasonable for TVNZ to rely on the selected interviewee as a local authoritative source and spokesperson on this issue....

The Authority has not upheld a complaint under the accuracy standard about a 1News item reporting on the 7 October 2023 Hamas attack on Israel. The complaint alleged the reporter’s statement in the item, ‘No time to escape’, referring to Israel’s airstrikes in Gaza, was inaccurate because the Israeli Prime Minister had ‘warned the people of Gaza to get out fast’. Noting the wide range of information and perspectives covered in the eight-minute segment, the Authority found the comment complained about did not result in the item being materially inaccurate or misleading, or cause harm that outweighed the public interest or the broadcaster’s right to freedom of expression. Not Upheld: Accuracy...

The Authority has not upheld a complaint a segment on Paddy Gower Has Issues breached the accuracy, balance and fairness standards of the Code of Broadcasting Standards in New Zealand. The segment included Gower stating he had ‘no issues’ with genetically modified corn, and that the effective ban on GE should be removed. The Authority did not uphold the complaint, finding the statements amounted to Gower’s opinion and that the alleged inaccuracy was not materially misleading and would not have impacted the audience’s understanding of the broadcast as a whole. The Authority also found under balance that the segment was clearly intended to provide a particular perspective (Gower’s) on the topic....

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint that a 1News segment on various extreme weather events in the United States breached the accuracy standard on the basis it did not refer to the climate crisis as a causative factor. The Authority found not mentioning the climate crisis did not give a wrong idea or impression of the events depicted and would not have misled viewers. Whether or not to mention climate change was a matter for the broadcaster’s editorial discretion. Not Upheld: Accuracy...

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....