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Decisions
Loder and Dennis and MediaWorks Radio Ltd - 2018-011 (8 May 2018)
2018-011

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....

Decisions
Arps and Television New Zealand Ltd - 2019-073A (7 May 2020)
2019-073A

The Authority did not uphold a complaint that a 1 News segment breached the discrimination and denigration and balance standards. The Authority found that people who hold the views represented in the segment do not amount to a ‘recognised section of the community’ for the purposes of the discrimination and denigration standard. The Authority also found that, while the broadcast discussed a controversial issue of public importance, it was balanced by the inclusion of multiple points of view from several parties. Not Upheld: Discrimination and Denigration, Balance...

Decisions
Garbutt and Radio New Zealand Ltd - 2020-140 (9 March 2021)
2020-140

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

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....

Decisions
Clough and Television New Zealand Ltd - 2022-053 (2 August 2022)
2022-053

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

Decisions
Pascoe and Television New Zealand Ltd - 2020-090 (9 December 2020)
2020-090

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Edgington and Television New Zealand Ltd - 2018-047 (24 August 2018)
2018-047

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Decisions
Foster and Television New Zealand Ltd - 2020-121 (16 March 2021)
2020-121

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
Lerner and New Zealand Media and Entertainment - 2016-039 (25 July 2016)
2016-039

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

Decisions
Cowan and MediaWorks TV Ltd - 2017-058 (21 September 2017)
2017-058

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly....

Decisions
Ancel and Television New Zealand Ltd - 2020-112 (16 March 2021)
2020-112

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....

Decisions
Matthewson and NZME Radio Ltd - 2017-060 (21 September 2017)
2017-060

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

Decisions
Beach and Radio New Zealand Ltd - 2020-048 (14 September 2020)
2020-048

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

Decisions
Edwards and Television New Zealand Ltd - 2022-021 (11 April 2022)
2022-021

A 1 News item covered the National Party’s conference in Queenstown and noted a clash between the Party’s policies and having their conference in Queenstown. The complainant stated the report breached the balance and fairness standards as it was biased against the National Party. The Authority did not uphold the complaint, finding the Party was treated fairly and provided an opportunity to respond to the criticism. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Spring and Radio New Zealand Ltd - 2020-072 (24 November 2020)
2020-072

The Authority has not upheld a complaint about an RNZ News item covering anti-racism protests in Washington and London. The item reported that after ‘a largely peaceful day’, some of the British protesters threw bottles at police, mounted officers charged at the protesters, and an officer ‘required hospital treatment after falling from her horse’. The complaint was that this characterisation of the events breached broadcasting standards as the protest was not ‘peaceful’ and other reports noted the horse bolted after a firework or similar was thrown from the crowd. The Authority found the item was materially accurate, and that the remaining standards raised were not applicable to the complainant’s concerns. Not Upheld: Accuracy, Balance, Fairness, Law and Order, Discrimination and Denigration...

Decisions
Boyce and Discovery NZ Ltd - 2021-144 (16 February 2022)
2021-144

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

Decisions
Newfield and MediaWorks TV Ltd - 2016-093 (17 March 2017)
2016-093

Summary[This summary does not form part of the decision. ]An item on Story discussed the accountability of judges in New Zealand. The item referenced a number of high profile criminal judgments by a named District Court Judge that were overturned on appeal, and included a comparison between New Zealand, Switzerland and the United States on the appointment, term and removal of judges. The Authority did not uphold a complaint that this item placed undue emphasis on the decisions of the featured Judge, failed to contrast New Zealand with comparable jurisdictions, failed to cover key information about the judicial complaints service and featured an offensive gesture. The media play an important role in raising issues, such as alleged poor performance of judges, which have an impact on our communities, and this item was in the public interest....

Decisions
Maasland and Radio New Zealand Ltd - 2018-065 (26 October 2018)
2018-065

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and US Palestinian writer and journalist Dr Ramzy Baroud was not upheld. The complaint was that the interview was unbalanced because there was no alternative perspective presented to counter Dr Baroud’s views that Israel’s actions amounted to ‘incremental genocide’ of the Palestinians, among other things. The Authority found RNZ made reasonable efforts as required by the balance standard, taking into account Ms Hill’s challenging of Dr Baroud and the use of devil’s advocate questioning, and other contextual factors. The Authority acknowledged that some may not agree with the terms used by Dr Baroud during the interview, but ultimately found that restricting the broadcaster’s or Dr Baroud’s right to freedom of expression would be unjustified....

Decisions
Anderson and Māori Television Service - 2020-134 (15 October 2020)
2020-134

The Authority has not upheld a complaint about references to Advance NZ/New Zealand Public Party co-leader Billy Te Kahika spreading misinformation and conspiracy theories, during a panel discussion on Te Ao with Moana. The episode included two online panel discussions about the issue of misinformation on social media and its implications for Māori in particular. Noting that two other episodes of the programme broadcast in the preceding weeks had allowed considerable time to Mr Te Kahika to put forward his position on these issues, the Authority did not find any breach of the balance, accuracy or fairness standards. Not Upheld: Balance, Accuracy, Fairness...

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