BSA Pānui - October 2020

Number 104

Kia ora koutou

I write this having only been in the role for a week and a half, so I may come across a bit dazed and confused. In that time we have had the election and re-emergence of Covid-19 in the community. It’s the rollercoaster year which keeps on running.
 
Everyone I have talked to since starting has mentioned how exhausting it has been and how they are looking forward to Christmas. Many of you have been dealing with record demand from the public. We appreciate how much work this is. At our end we have witnessed a 74 per cent increase in complaints between June and October on last year.
 
I want to thank you and the team here for taking the time to talk to me, the newbie, during such a busy period.
 
It’s very much appreciated.
 
Do take care,
Glen

OVER THE LAST MONTH

  • We welcomed our new Chief Executive, Glen Scanlon. He brings a wealth of experience in digital, broadcast and print media having previously held the roles of Editor at Stuff, and Head of News and Digital at RNZ. 
  • We considered and released 3 referendum related decisions. 
  • We considered and released 6 election-related decisions (3 under the election programme code) on our fast-track process.
FEATURED DECISIONS

FREE-TO-AIR TELEVISION

End-of-Life Choice Society NZ and MediaWorks TV Ltd - 2020-094 (1 October 2020)open_in_new

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression. The Authority did not uphold the balance complaint, as it considered the broadcaster made reasonable efforts to present significant viewpoints within the programme. It noted the issue was widely covered throughout the legislative process for the End of Life Choice Act and this was likely to continue up to the referendum. For similar reasons, and taking the broadcast item as a whole, the Authority did not consider viewers were likely to have been misled in the manner alleged in the complaint.

Not Upheld: Accuracy, Balance

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

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. 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

Newton and Television New Zealand Ltd - 2020-137 (16 October 2020) open_in_new

The Authority has not upheld a complaint about an interview on Q+A broadcast on TVNZ 1, with the Rt Hon Winston Peters, which included questions about the Government’s COVID-19 response, leaking of information regarding the ‘Green School’ funding, New Zealand First Party funding, the Serious Fraud Office investigation into the New Zealand First Foundation and a tax-payer funded trip of Mr Peters’ two friends to Antarctica. The complainant argued the interview was biased and unfair, and breached the fairness and balance standards. The Authority found the robust questioning was within the scope of what could be expected of a high profile and senior political figure like Mr Peters on matters of significant public interest in the lead up to a general election.

Not Upheld: Fairness, Balance

RADIO

Yang and NZME Radio Ltd - 2020-079 (14 October 2020) open_in_new

The Authority declined to determine a complaint about an item on Hauraki Drive with Thane Kirby, which alleged that Mr Kirby made a comment suggesting COVID-19 contact-tracing information could be used to contact attractive women. There was an issue with identifying the correct time of broadcast, and the broadcast complained about was not retained by the broadcaster, despite the complainant signalling she would be taking the matter further. The Authority also noted the broadcaster should have responded earlier to the complainant so that she had an opportunity to resubmit her complaint within the required timeframe. Without being able to listen to the actual words used in the broadcast, the tone and the surrounding context, the Authority concluded it must decline to determine the complaint, which it recognised was a very unsatisfactory outcome. However, it noted efforts to seek further information about the broadcast had enabled the broadcaster to address the complaint and uphold it as a breach of the good taste and decency standard.

Declined to Determine: Section 11(b) in all the circumstances

Burne-Field and NZME Radio Ltd - 2020-040 (14 September 2020) open_in_new

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99.2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. The Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented.

Upheld: Accuracy. Not Upheld: Discrimination and Denigration. No Order

Prager and Radio New Zealand Ltd - 2020-033 (28 September 2020) open_in_new

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”.’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “...I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation...” The Authority also agreed the manner in which the complainant’s views were reported had the potential to adversely affect her reputation and dignity, particularly alongside the suggestion that her submission was ‘a bit racist’. While audio of Ms Prager’s brief, heat-of-the-moment response to this allegation was included, given the seriousness of the accusation, and that it did not address the misreporting of her position overall, this was insufficient to meet requirements under the fairness standard.

Upheld: Accuracy, Fairness. Not Upheld: Discrimination and Denigration. Order: Section 16(1) $1,818 legal costs to the complainant

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