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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-82 Decision No: 1996-83 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by HEALTHLINK SOUTH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-085 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G E WILLIAMS of Hastings Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘Selling Ourselves Short’, focused on the topic of New Zealand’s economy, comparing our standard of living today with the 1960s-70s. The episode examined some of New Zealand’s traditional and upcoming export industries, such as dairy farming, forestry, pharmaceuticals, technology and fashion, and featured interviews with farmers, business owners, economists and academics. At the beginning of the episode, Mr Latta stated, ‘We’re rated as one of the best places in the world to do business and we’re not corrupt. ’ The Authority did not uphold a complaint that Mr Latta’s statement was inaccurate and that the episode was unbalanced because it did not address New Zealand’s ‘extensive corruption’ as a reason for our underperforming economy....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the new Emissions Trading Scheme reported that “farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030” and that “agriculture is our biggest polluter” – allegedly inaccurate FindingsStandard 5 (accuracy) – acceptable shorthand for communicating a scientific concept to the audience – viewers would not have been misled – 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 Wednesday 18 November 2009, discussed the Government’s new Emissions Trading Scheme. The news presenter introduced the item by saying: Farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030. The Prime Minister says the Agricultural Sector must pay its share under the Emissions Trading Scheme....

The Authority has not upheld an accuracy complaint concerning a Morning Report interview with the Problem Gambling Foundation’s Director of Advocacy and Public Health. The interview discussed a new secondary school programme aimed at educating young people about the risk of developing problem gambling habits from playing video games, referring in particular to ‘loot boxes’ in gaming which often cost real money. The interviewee’s statement alleged to be inaccurate was, ‘We know around the world that a lot of countries have banned loot boxes…’ which the complainant said was incorrect as only one country – Belgium – has banned loot boxes. The Authority found in the context of the full five-minute interview, which focused on the importance of educating young people about the dangers associated with gaming and risk of developing problem gambling habits, this statement was not a material point of fact. Not Upheld: Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

Summary [This summary does not form part of the decision. ]A documentary called Jungle Rain reported on the use of Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The Authority did not uphold the complaint that the documentary was alarmist and misleading. The documentary largely comprised the personal opinions and experiences of the interviewees, and contained balancing comment. Not Upheld: Accuracy, BalanceIntroduction[1] A documentary called Jungle Rain reported on the use of herbicides including Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The documentary was broadcast on TVNZ Heartland on 13 March 2014....

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

Summary [This summary does not form part of the decision. ]The host of current affairs programme Outspoken interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice. The Authority declined to determine the complaint that the broadcast breached standards because it did not mention alleged government corruption as one of the contributing factors to such injustice. Mr Golden has repeatedly referred similar complaints, which are based on his personal preferences and are matters of editorial discretion, not broadcasting standards. Declined to Determine: Accuracy, Fairness, Responsible ProgrammingIntroduction[1] During Outspoken, a half-hour current affairs programme, the host interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice....

Download a PDF of Decision No. 1993-059:Te Reo Takiwa O Ngatihine and Television New Zealand Ltd - 1993-059 PDF686. 17 KB...

ComplaintMana News – item about funding of Mana Maori Media by Te Mangai Paho – commented on complainants’ questions in Parliament about funding – unbalanced, inaccurate, unfair – Principles 4, 6 and 7 – RNZ upheld the complaint as inaccurate and a breach of Principle 6 – made written apology – action taken insufficient – complainants seek broadcast of correction and apology FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Questions in Parliament from the complainants about the funding of Mana Maori Media Ltd by Te Mangai Paho were dealt with in an item on Mana News broadcast on National Radio between 5. 00–6. 00pm on Friday 2 May 2003. [2] Members of Parliament, Katherine Rich and Rodney Hide, complained to Radio New Zealand, the broadcaster, that the item was unbalanced, inaccurate and denigrated them....

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...