31 March 2025
The New Zealand Media Council has unanimously upheld my complaint against RNZ (Radio New Zealand) about an online article that incorrectly and inaccurately claimed ‘a lot of countries have banned loot boxes.’ 🇳🇿 👨⚖️ ⚖️
Belgium is the only country that could be said to have “banned” loot boxes, even though it is not enforced (https://doi.org/10.1525/collabra.57641). However, the Advocacy & Public Health Director of the Problem Gambling Foundation of New Zealand (PGF Services; ‘a respectable authority funded by the Ministry of Health’ per the Media Council at [39]), Andree Froude, wrongly claimed: ‘We know around the world that a lot of countries have banned loot boxes.’
This incorrect and inaccurate factual statement was published by RNZ on 18 December 2024. I asked for a correction from RNZ (CC'ing Ms Froude). However, this was not forthcoming. RNZ rejected my complaint, arguing that the point complained of ‘is not central to the story and would not [have] misled the audience [as to what RNZ contended were the central points of the story].’ RNZ refused to conduct any independent research to verify the facts and promptly make corrections.
This left me no choice but to appeal to the Media Council, which ruled that the factual point was indeed incorrect and inaccurate: RNZ and Ms Froude provided a final response purporting to stand behind the original statement, but they actually significantly qualified that statement, which could NOT be fully supported ([41]).
Further, whether or not the point complained of is a central part of the article is irrelevant to the ‘legal’ test because ‘publications are bound “at all times” to be accurate’ ([44]). Accordingly, Principle 1 as to Accuracy, Fairness and Balance was breached.
It is very unfortunate that a state-funded public broadcaster has decided to waste taxpayer dollars by engaging in this protracted three-month regulatory process, rather than conducting independent research and promptly correcting the mistake, which would have taken mere minutes. Further, RNZ misunderstood the separate jurisdictions of the Media Council and the Broadcasting Standards Authority | Te Mana Whanonga Kaipāho (whose ruling remains forthcoming and may differ!); missed deadlines (causing certain unfortunate comments about me in the Ruling; imagine somehow the loot box law nerd would not wish to offer evidence! 😅); and mishandled my complaint by inventing and adding a non-existent element to the ‘legal’ test (which a lay person might not have appealed).
All sides to the debate (naturally including those pro-regulation) must communicate accurately and responsibly. Play fair!
Ruling: https://www.mediacouncil.org.nz/rulings/leon-y-xiao-against-radio-new-zealand/
Correction: https://www.rnz.co.nz/news/national/556663/media-council-upholds-complaint-about-in-game-loot-box-ban-article
Online article complained of: https://www.rnz.co.nz/news/national/537018/programme-launched-to-combat-impacts-of-gambling-like-games