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Decisions
Forrest and Television New Zealand Ltd - 2024-050 (14 October 2024)
2024-050

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

Decisions
Rolston and Discovery NZ Ltd - 2023-024 (26 July 2023)
2023-024

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...

Decisions
Right to Life Inc and Television New Zealand Ltd - 2023-043 (30 August 2023)
2023-043

An item on 1 News reported on Posie Parker entering Aotearoa New Zealand for speaking events, and explored the opposition she would face from transgender rights supporters. The Authority did not uphold a complaint the item was biased and unbalanced. While the broadcast did discuss a controversial issue of public importance for the purpose of the balance standard, the item clearly signalled it was approaching the issue from the perspective of transgender communities intending to attend the counter‑protest, sufficiently signalled the major perspectives on the issue, and the audience could reasonably be expected to be aware of alternative perspectives in any case. Not Upheld: Balance...

Decisions
Graf and Radio New Zealand Ltd - 2019-071 (16 December 2019)
2019-071

The Authority did not uphold a complaint that an interview on Morning Report with Martin Sellner, the leader of an Austrian far-right group, was unbalanced or misleading. Interviewer Corin Dann questioned Mr Sellner on the donation he had received from the alleged Mosque attacker and Mr Sellner’s choice to give some of the money to Victim Support, a charity assisting victims of the Mosque attacks. In response to other questions, Mr Sellner also provided some comment regarding his ideologies. During the interview, Mr Dann questioned whether Mr Sellner had a role in radicalising the alleged attacker and whether Mr Sellner felt any responsibility for the attacks. The Authority found that the balance standard was not breached considering the clear approach of the broadcast, focussing on the perspective of Mr Sellner, the introduction prior to the interview and Mr Dann’s questioning of Mr Sellner....

Decisions
Carstensen and Discovery NZ Ltd - 2022-090 (26 October 2022)
2022-090

A segment on The Project reported on ‘hateful attacks’ occurring during Pride month, including claims of discrimination at Bethlehem College (and the Ministry of Education’s announcement it will investigate the issue) and the burning down of a Rainbow Youth centre in Tauranga. The segment included an interview with a rainbow activist who considered ‘extremist Christians’ had burnt the centre down. The presenters discussed the issue following the report and noted they hoped the investigation would bring about ‘some change in a place that really needs it. ’ The complainant considered the segment breached various standards as the cause of the fire was under investigation at the time of the broadcast, and the College was portrayed unfairly. The Authority did not uphold the complaint, finding the relevant comments did not reach the high threshold justifying a restriction on freedom of expression....

Decisions
Tyrrell and Television New Zealand Ltd - 2022-096 (22 November 2022)
2022-096

The Authority has declined to determine a complaint under the balance standard regarding an episode of Breakfast that referred to New Zealand as Aotearoa. The complainant considered the name Aotearoa should not be used to replace the country’s official name. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine: Balance (section 11(b) of the Broadcasting Act 1989 – in all the circumstances)...

Decisions
Boom and Television New Zealand Ltd - 2022-059 (20 July 2022)
2022-059

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

Decisions
Scott and Mediaworks TV Ltd - 2017-092 (16 February 2018)
2017-092

Summary[This summary does not form part of the decision. ]An item on Newshub by political editor Patrick Gower reported on National Party Leader Bill English’s claim that the Labour Party would raise income tax if they won the 2017 General Election. Mr Gower stated that the National Party was ‘deliberately spreading misinformation’ about Labour’s income tax policy. The Authority did not uphold a complaint that Mr Gower deliberately misled the public prior to the election. The Authority emphasised the importance of freedom of political expression, particularly in an election year. The Authority considered significant viewpoints on the issue discussed were adequately presented in the broadcast and within the period of current interest, enabling the audience to form their own opinions. The Authority also found that the comments complained about were statements of analysis and opinion, rather than statements of fact, so the accuracy standard did not apply....

Decisions
Horowhenua District Council and MediaWorks Radio Ltd - 2018-105 (29 July 2019)
2018-105

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Lobb and Television New Zealand Ltd - 2020-154 (20 April 2021)
2020-154

The Authority did not uphold a complaint that a 1 News at Midday item about the United States presidential election lacked balance because it included clips of Joe Biden supporters and Biden’s campaign, but not Donald Trump supporters or the Trump campaign. The US election, while it could be considered a controversial issue of public importance for the purposes of the balance standard, was an issue that was widely covered by the media, including by TVNZ. Balance is not achieved by a ‘stopwatch’ meaning broadcasters are not required to give equal time to alternative viewpoints. The lack of emphasis on Trump supporters and the Trump campaign in this particular item would not have left viewers uninformed and did not breach the balance standard, given the widespread coverage available including of Mr Trump’s campaign and supporters. Not Upheld: Balance...

Decisions
Prowse and Radio New Zealand Ltd - 2022-098 (22 November 2022)
2022-098

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...

Decisions
Vercoe and Te Aratuku Whakaata Irirangi Māori - 2022-106 (20 December 2022)
2022-106

The Authority has not upheld a complaint that a broadcast of Artefact was unbalanced. The complainant alleged the programme’s description of events in the New Zealand Wars did not include the historical perspectives of settlers and the government. However, the Authority held that while the reasons for and nature of the New Zealand Wars (and associated events) are of public importance, these issues are not ‘controversial’ in the manner contemplated under the balance standard. Not Upheld: Balance...

Decisions
Hutt and Television New Zealand Ltd - 2023-040 (12 September 2023)
2023-040

The Authority has not upheld a complaint that an episode of The Feed discussing issues faced by rainbow communities breached multiple standards. The complaint alleged the programme, which was aimed at children, was one-sided in favour of the ‘trans lifestyle’ and did not include balancing content about the ‘heterosexual lifestyle’, and accordingly amounted to illegal gender reassignment therapy or grooming. The Authority found the programme content carried high value and public interest by raising and exploring issues and perspectives in relation to rainbow communities, and through promoting diversity and inclusion. It was satisfied the programme would not cause widespread offence or adversely affect children. The other standards either did not apply or were not breached. Not upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Balance, Accuracy, Fairness...

Decisions
Alexander and Discovery NZ Ltd - 2023-076 (29 November 2023)
2023-076

An item on Paddy Gower Has Issues investigated the predator control of feral cats, and discussed whether or not feral cats should be included in the Predator Free 2050 strategy. The broadcast included footage of feral cats being trapped and shot, and people carrying, and holding up the carcasses. The Authority did not uphold the complaint the broadcast breached multiple standards, finding relevant footage was clearly signposted by the host, who provided two warnings to viewers about the content. Viewers were therefore given a reasonable opportunity to make a different viewing choice for themselves or children in their care. The footage depicted no undue cruelty or suffering, and while some viewers may have found it unpleasant to watch, the broadcast of hunting and pest control footage is generally acceptable in New Zealand provided it does not depict undue cruelty....

Decisions
Neal and Television New Zealand Ltd - 2024-055 (25 Septmember 2024)
2024-055

The Authority has not upheld a complaint that a 1News item on tax cuts in the Government’s 2024 Budget breached the balance and fairness standards by portraying the tax cuts negatively, thereby misrepresenting the views of New Zealanders. The Authority found the balance standard was not breached as significant perspectives on the Budget were presented, viewers could reasonably be expected to be aware of other views, and the standard does not apply to concerns of bias. It also found the broadcast consistent with the level of robust scrutiny and political analysis that could reasonably be expected of politicians, so the fairness standard was not breached. Not Upheld: Balance, Fairness...

Decisions
Al-Jiab and Television New Zealand Ltd - 2024-058 (4 December 2024)
2024-058

The Authority has not upheld a complaint that action taken by Television New Zealand Ltd was insufficient, after the broadcaster upheld a complaint under the accuracy standard about a statement in a 1News bulletin that ‘Israel would withdraw from Gaza’ as part of a peace proposal (when the proposal only contemplated withdrawal from densely populated areas). The Authority agreed with the broadcaster’s decision that the statement was materially inaccurate. However, it found TVNZ had complied with the accuracy standard requirement to correct material errors within a reasonable period by posting correct information on its website, and any potential harm caused by the broadcast was not of a level requiring any further action. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Discrimination and Denigration, Balance, Fairness...

Decisions
Laroche & Breed and Television New Zealand Ltd - 2021-132 (20 December 2021)
2021-132

The Authority has declined to determine two complaints under various standards, including discrimination and denigration, about an item on Seven Sharp on 28 September 2021. The item reported on employment issues relating to the COVID-19 vaccine. Following an interview with an employment lawyer, the presenters discussed a hypothetical dinner party where a guest turned out to be unvaccinated. The complainants were concerned about the treatment of people that were not vaccinated, who do not amount to a relevant section of society for the purposes of the discrimination and denigration standard. The remainder of the complaint reflected the complainants’ personal views and/or was unrelated to the broadcast. In all the circumstances (including scientific consensus around the safety of the COVID-19 Pfizer vaccine and the impact of the COVID-19 pandemic), the Authority considered it should not determine the complaints....

Decisions
Vorwerk and Discovery NZ Ltd - 2020-158 (31 March 2021)
2020-158

The Authority declined to determine a complaint about the use of te reo Māori on Newshub Live at 6pm. Te reo Māori is an official New Zealand language. Its use is a matter of editorial discretion appropriately determined by broadcasters. The Authority declined to determine the complaint because the use of te reo Māori does not raise any issue of broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
Stranaghan and NZME Radio Ltd - 2021-041 (21 July 2021)
2021-041

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

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