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The Authority has not upheld a complaint about multiple images of needles and vaccinations being performed shown in two Newshub Live at 6pm items reporting on COVID-19. The Authority found the images were unlikely to cause widespread undue offence. There is a high public interest and value in news reporting about the vaccination programme. In the context of a news item, the images would not adversely affect child viewers. The balance standard did not apply. Not Upheld: Good taste and decency, Children’s interests, Balance...

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with RNZ’s US Correspondent regarding recent political events in the United States, including a brief discussion of the controversy surrounding the Democratic National Party and the release of American political strategist and campaign manager Donna Brazile’s book, Hacks. The Authority did not uphold a complaint that this discussion was unbalanced and misleading. The Authority noted the purpose of the item was to hear the views and analysis of RNZ’s US Correspondent on recent political events and news in the US, a small part of which referred to Ms Brazile’s book. The segment did not purport to be an in-depth examination of Ms Brazile’s book or the controversy surrounding the Democratic National Committee (DNC) Primary Election....

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about an item on 1 News reporting on the separation of migrant families in the United States. The complaint was that references to President Donald Trump’s ‘immigration crackdown’ and ‘Trump’s policy’ of separating children from their parents were misleading, unbalanced and unfair as the relevant law pre-dated Trump’s presidency. The Authority concluded the broadcast did not breach the accuracy, balance or fairness standards, as the references reasonably reflected the Trump administration’s position regarding the enforcement of criminal prosecutions for illegal immigrants. The Authority emphasised the high level of public and political interest in the story and found that any limitation on the right to freedom of expression on this occasion would be unjustified....

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....

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

The Authority has not upheld a complaint that a Newshub item reporting on changes to Reserve Bank rules requiring commercial banks to hold more capital in reserve was unbalanced. The item focussed on the potential effects of new capital requirements on the public, particularly borrowers. The Authority recognised that the item discussed a controversial issue of public importance and was satisfied that the item featured significant viewpoints on the particular issue discussed. The Authority also noted that the issue had been widely covered in other news media and viewers could be expected to receive a broad understanding of the main perspectives on the issue within the period of current interest. Not Upheld: Balance...

A complaint that Malcolm Brenner was treated unfairly when interviewed for a segment on Dom, Meg and Randell about his previous sexual relationship with a dolphin has been upheld. MediaWorks interviewed Mr Brenner about his relationship with a dolphin but ultimately decided not to broadcast the interview in full. They did however broadcast a small segment of the interview in which one of the hosts called Mr Brenner ‘sick’ and stormed out of the interview. The Authority found that Mr Brenner was treated unfairly and was not adequately informed about the nature of his participation in the broadcast. In particular, he was misled into thinking a four minute version of the interview would be broadcast (rather than only the brief segment including the host’s reaction to him), when the final broadcast had already occurred....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

ComplaintOne News – item about gender income differences – unbalanced – inaccurate – denigration and discrimination of male employers FindingsStandard 4 – range of perspectives presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – not unfair to male employers – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 20 June 2002, featured an item which sought to explain census figures which showed that women were earning less than their male counterparts. [2] Peter Zohrab, on behalf of the New Zealand Equality Education Foundation, complained to Television New Zealand Ltd, the broadcaster, that the news item was unbalanced, inaccurate, and encouraged denigration and discrimination against male employers....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Download a PDF of Decision No. 1990-021:New Zealand Mining and Exploration Association Inc and Television New Zealand Ltd - 1990-021 PDF614. 69 KB...

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Summary [This summary does not form part of the decision. ]An item on Native Affairs, entitled ‘Bones of Contention’, reported on the discovery of ‘kōiwi’ (human remains) at a development site in Devonport, and apparent tensions between iwi and the owner and developer of the site, Redback Develop Ltd. The Authority did not uphold the complaint from Redback that the item contained inaccurate information about the development and the discovery of kōiwi. Nor did the Authority uphold the complaint that the content of the panel discussion was misleading. The broadcaster treated Redback fairly and made reasonable efforts to put forward Redback’s position, by inviting onto the programme the individual who it had been referred to as the appropriate person to comment....