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The Authority1 has not upheld a complaint a discussion on an inquiry and proposed reforms to the Retirement Villages Act 2003 breached the accuracy, balance and fairness standards, due to the broadcaster failing to provide prior warning to the complainant of the inclusion of a further participant to the discussion, and for not providing sufficient time for the complainant to respond to the new participant’s analysis. The Authority found the complainant was provided with a fair opportunity to articulate his position and to respond to concerns raised by other participants; the alleged inaccuracies amounted to analysis, to which the accuracy standard does not apply, and the analysis was not materially misleading with respect to any facts referred to. Noting the perspectives included in the broadcast, the Authority found the complainant’s concerns about balance were better addressed under accuracy and fairness. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint about a Morning Report interview with Te Pāti Māori co-leader Debbie Ngarewa-Packer concerning the Israel/Gaza war. The complaint alleged the interview was unbalanced because no alternative perspective was presented to counter Ngarewa-Packer’s comments that Israel’s actions in Palestine amounted to genocide and apartheid, among other things, and that those statements were also inaccurate. The Authority acknowledged people may not agree with the terms used by Ngarewa-Packer during the interview and some would find them inflammatory, but ultimately found restricting the broadcaster’s and Ngarewa-Packer’s right to freedom of expression would be unjustified....

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

The Authority has not upheld a complaint that a broadcast on Radio New Zealand National’s Saturday Morning breached the balance, accuracy, and fairness standards. The broadcast was an interview of a UNICEF spokesperson and humanitarian worker about her experience living and working in Lebanon amid the ongoing Israel-Hamas-Hezbollah conflict. The Authority found the broadcast was clearly signalled as being from the interviewee’s perspective and was not claiming nor intending to be a balanced examination of perspectives on the conflict. The audience also could reasonably be expected to be aware of significant context and viewpoints from other media coverage. Regarding accuracy, the Authority found the likelihood of a listener being misled by omission of any of the identified perspectives and context was significantly reduced, noting other media coverage of the conflict....

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

The Authority has not upheld a complaint about comments made during Perspective with Heather du Plessis-Allan on Newstalk ZB regarding the New Zealand Police’s decision to continue with charges against Ms Z, the woman involved in the Jevon McSkimming case. The complaint was that the comments – including labelling their relationship an ‘affair’, saying Ms Z was ‘not innocent’, and referencing ‘bunny-boiler behaviour’ – demonstrated classic ‘victim blaming’, minimised and misrepresented Ms Z’s experience, and were unbalanced and unfair. The Authority considered the segment overall was consistent with well-established audience expectations, and any potential offensiveness or unfairness arising from some of the comments did not outweigh the right to freedom of expression or the public interest. The Authority also found the comments were either clearly opinion or not materially inaccurate and not required to be balanced in the context....

The Authority has not upheld a complaint that an episode of Sunday concerning the increasing population of wallabies in New Zealand was inaccurate and unbalanced. The Authority found that the balance standard did not apply as the segment did not discuss a controversial issue of public importance. The Authority also found that the reference to wallabies as an ‘Aussie pest’ did not amount to a material inaccuracy as it was unlikely to significantly affect the audience’s understanding of the programme as a whole. Not Upheld: Balance, Accuracy...

The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

An episode of Crowdscience broadcast on RNZ National discussed whether it was possible to engineer plants to make them edible (by removing toxic compounds) or more nutritious. In doing so, the broadcast investigated advances in genetic modification technology. The complainant stated the broadcast breached the accuracy and balance standards as it allegedly omitted relevant information, resulting in an exaggeration of the benefits identified in the broadcast of the advances mentioned. The Authority considered the complaint to be most appropriately addressed under the accuracy standard. It found the majority of the broadcast was materially accurate, and in any event, reasonable efforts were made to ensure accuracy as it was reasonable to rely on the experts interviewed. Not Upheld: Accuracy, Balance...

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 declined to determine a complaint that use of ‘Praise the Lorde’, in relation to New Zealand singer-songwriter Lorde, breached broadcasting standards. Given the Authority’s guidance regarding blasphemy in its Complaints that are unlikely to succeed publication, the Authority considered it appropriate to decline to determine the complaint.   Declined to determine (s 11(b) of the Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Offensive and Disturbing content, Balance...

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

The Authority has not upheld a complaint that an item on Checkpoint covering the Select Committee report on the Abortion Legislation Bill was unbalanced, unfair and discriminated against unborn children. The Authority found: ‘unborn children’ were not a recognised section of the community; the broadcaster made reasonable efforts to present significant viewpoints on the issue discussed; and the item did not result in unfairness to anyone taking part or referred to. Not Upheld: Balance, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint that two interviews on Morning Report, which explored the propriety of funding for a campaign to encourage Māori to register on the Māori electoral roll, breached the balance and accuracy standards. The complainant said the interviews with Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency (WOCA) which funded the campaign, and with Hon Shane Jones, who was asked to comment on the issue, displayed ‘anti-Māori bias’. Noting the broadcast incorrectly stated WOCA was a government agency, the complainant also said listeners would be left with an impression there was corruption taking place based on a false assumption. The Authority found the balance standard was not breached as significant perspectives about the advertising campaign were presented in the broadcast and in other media within the period of current interest....

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....

The Authority has found a statement on Heather du Plessis-Allan Drive breached the accuracy standard. During the programme, the host discussed advice to Aucklanders to stay away from regions in New Zealand over the summer due to the vulnerability of communities with lower vaccination rates. The Authority found it was misleading to only mention the vaccination rate of the Bay of Plenty region when talking specifically about Ōpōtiki, which had a lower vaccination rate than the region as a whole. Where the host was contradicting advice from local authorities about the risks associated with visiting certain areas over the summer, it was important to provide listeners with the correct information. The Authority noted the host could have contextualised the comments more clearly, and the vaccination rates for Ōpōtiki were available on the same government site as the DHB rates. Upheld: Accuracy Not Upheld: Balance No Order...

The Authority has declined to determine a complaint, under multiple standards, regarding two news items broadcast on Labour Day 2024: one about a protest against a proposed sewerage project and the other about commemoration of New Zealand’s Land Wars. Noting the complaint was not about content in the broadcasts but content the complainant wished to see included, the Authority found it related to editorial discretion and personal preference, which is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine (s 11(b) of the Broadcasting Act 1989 - in all circumstances): Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...