Media Release 27 March 2025

Action for Smokefree 2025 (ASH) has welcomed the Broadcasting Standards Authority's substantial decision to uphold ASH’s complaints against ThreeNews (Stuff) for two news items broadcast last year involving ASH and its director Ben Youdan. The BSA described the breaches as “at the higher end of the spectrum of seriousness” and “falling well short of journalistic expectations,” and has ordered the broadcaster Warner Bros. Discovery to publish the decision and pay costs to ASH and the Crown.

The 48 page ruling released by the BSA demonstrates that ThreeNews made five breaches of fairness, balance and accuracy standards. The BSA detailed how significant editorial failings, omission of important facts, and the misleading of ASH about the nature of one of the stories resulted in ThreeNews breaching multiple standards.

The BSA ruling described the stories as “intentionally slanted against ASH and the broadcaster persisted with that narrative despite having information to the contrary, causing serious damage to the reputation of a charitable entity and its director.”

The first story was broadcast on the 6pm bulletin on 26 July 2024. A ThreeNews/Stuff reporter interviewed ASH about what was claimed to be research on recent developments in tobacco policy. ThreeNews ran the story as a special investigation into ASH and alleged links to the vape industry in Australia. Mr Youdan had traveled on behalf of ASH to talk to public health experts, policymakers and state and federal MPs about smoking and vaping trends in Aotearoa. ASH had made it very clear that no funding from vape or tobacco industries were involved. ASH receives no funding from tobacco, vape, pharmaceutical, alcohol or gambling industries.

The BSA ruled that ThreeNews did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH.

ASH says the allegations in the story were completely false. As an NGO with public money for research, ASH was extremely disappointed with the story which was unbalanced and gave no fair right of reply. ASH was transparent and very cooperative with ThreeNews during its news gathering, yet the news organisation gave an unfair representation of ASH, damaging its reputation as well as that of Mr Youdan.

The second news item was broadcast on the ThreeNews 6pm bulletin on 30 July 2024 and centered on a high school that didn’t take part in an annual youth smoking and vaping survey, due to its concerns about ASH’s stance on vaping. The live cross was labeled as “Breaking News”. Among ASH’s multiple complaints about the item was that ThreeNews omitted the crucial fact that the correspondence from the school was from 2021, and had been responded to despite being labelled as breaking news.

The BSA also agreed that despite being provided with ASH’s evidence-based position on youth vaping, ThreeNews coverage of this was misleading and unfair as they failed to report important factual context. The BSA found the story materially misrepresented ASH’s position on youth vaping, suggesting ASH was unconcerned, and therefore portraying ASH unfairly and in a negative light.

ASH followed procedure by first complaining about the two items to the broadcaster Warner Bros. Discovery directly, but all its complaints were comprehensively rejected by WBD. This led to ASH directing its complaints to the BSA.

Mr Youdan says, “We are very pleased with the BSA decision, in particular as there is so much tension around achieving New Zealand’s smokefree goal, and especially around the role of vaping and harm reduction. It is frustrating to see progress also undermined by a debate that has deteriorated to attacking reputation and integrity - and we hope this decision will help lift the debate back to a more respectful and balanced place. This is especially important when dealing with issues such as smokefree policies and vaping that are very politically charged right now.”

A link to the BSA’s comprehensive investigation and decisions is below.

https://www.bsa.govt.nz/decisions/all-decisions/action-for-smokefree-2025-and-discovery-nzltd-2024-070-2024-071-26-march-2025/

ASH Chair, Emeritus Professor Robert Beaglehole says, “As a long running health NGO with a public profile and entrusted to deliver research using public money, ASH believes it should face appropriate scrutiny. We pride ourselves on accountability and transparency to the public. The values of accountability also need to extend to the media. ASH fully supports the right to editorial freedom, and understands that New Zealand’s journalism industry is under severe financial and editorial pressure. We hope the BSA decision will emphasise that in an age of mis- and disinformation, accurate and fair reporting is more vital than ever.”

Mr Youdan says, “Ultimately, the multiple organisations involved in reducing smoking want the same common goal, to stop people dying from preventable addictions and their devastating health issues. Vaping is an emotive and divisive issue especially when it involves our youth whom we all agree must be smoke and vape free. We need balance and health organisations must play their part with science based facts and respectfully navigate differing views. The media also needs to play their part in not sensationalising news, but maintaining appropriate standards and balance in holding all views to account in a fair and balanced way.”