BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Complaint under section 8(1)(b) of the Broadcasting Act 1989
Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards

Findings
Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989

Standards 4 (balance) – not upheld

Standards 5 (accuracy) and 6 (fairness) – majority uphold

Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6

No Order

This headnote does not form part of the decision.

Broadcast

[1]   RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7.30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code.

[2]   The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989.

Authority' Determination

[3]   The members of the Authority viewed a recording of the broadcast complained about and read the correspondence listed in the Appendix.  The Authority determined the complaint without a formal hearing.

[4]   Due to the existence of a permanent name suppression order, the Authority will not be publicly releasing the reasons for its decision. However, its reasoning is outlined in a confidential decision which has been released to the parties.

A majority of the Authority (Joanne Morris, Tapu Misa and Paul France) upholds the complaint that the broadcast byTelevision New Zealand Ltd of an item on Sunday on 1 July 2007 breached Standards 5 and 6 of the Free-to-Air Television Code of Broadcasting Practice.

The Authority declines to uphold the Standard 4 complaint.

The Authority declines to determine the Standard 3 complaint under section 11(b) of the Broadcasting Act 1989.

The Authority subsumes its consideration of Standard 8 into its consideration of Standards 5 and 6.

The Authority declines to impose an order.

Signed for and on behalf of the Authority

Joanne Morris
Chair
18 March 2008

Appendix

The following correspondence was received and considered by the Authority when it determined this complaint:

1.            RT’s formal complaint – 24 July 2007
2.           RT’s referral to the Authority – 28 August 2007
3.           TVNZ’s response to the Authority – 12 September 2007
4.           RT’s final comment – 2 October 2007
5.           TVNZ’s final comment – 30 October 2007