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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has not upheld a complaint that a ThreeNews segment breached the accuracy and fairness standards by stating Pete Hegseth has ‘no relevant experience’ for the position of United States Defence Secretary. The Authority found the comment was clearly distinguishable as comment, analysis or opinion to which the accuracy standard did not apply. While the comment can be seen as an overstatement, in the context of the overall broadcast and other reporting regarding Hegseth’s nomination, it was unlikely to mislead viewers, and any potential harm caused by omitting to outline Hegseth’s military experience is not at a level justifying our intervention or restriction of freedom of expression. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority also found the brief comment would not have left viewers with an unfairly negative impression of Hegseth. Not Upheld: Accuracy, Fairness....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-046 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P G CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Afternoons with Jim Mora – discussed New Zealand First’s decision to drop a candidate for drinking his own urine – panellist commented that Don Brash and John Banks “drink each other’s urine” – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and responsible programming Findings Standard 1 (good taste and decency) – comment puerile, but not so offensive as to breach Standard 1 – would not have offended or distressed most listeners – contextual factors – not upheld Standard 6 (fairness) – comment did not carry any invective – was not unfair to Don Brash or John Banks – not upheld This headnote does not form part of the decision....

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…...

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

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....

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 declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...

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...

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that a homicide investigation was underway after the death of Rotorua high school principal Hawea Vercoe – presenter stated that Mr Vercoe had died after being punched to the ground during a fight – included details of a recent conviction – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – reporters entitled to rely on information provided by police – broadcaster made reasonable efforts to ensure that the report was accurate – not upheld Standard 6 (fairness) – standard does not apply to deceased persons – family did not take part and were not referred to – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 November 2009, reported on the death of high school principal Hawea Vercoe....

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....