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The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a Midday Report item regarding a boost in Kiwisaver funds breached the accuracy and fairness standards. The complainant argued the item was misleading, for not disclosing that the organisation which produced the relevant survey findings does not survey all Kiwisaver providers, and was unfair to Kiwisaver providers who were not surveyed. The Authority found the item would not have misled listeners and that the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 112/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAME THEA MULDOON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An item on ONE News covered ‘the Foreign Minister’s controversial payment of $11. 5 million towards businessman Hmood Al-Ali Al-Khalaf’s Saudi farm’. It reported that Minister Murray McCully had ‘struck the deal to avoid a $30 million legal threat’, but then denied that there had been a legal threat. The Authority did not uphold a complaint that the item was inaccurate and unfair to the Minister by failing to distinguish between Mr Al-Khalaf merely assessing his legal position and actually threatening legal action, and consequently misrepresenting the Minister’s position. The issue arose through the use of ambiguous language, both by the broadcaster and by the Minister, and did not justify the Authority upholding a breach of standards....

Summary[This summary does not form part of the decision. ]An item on ONE News reported that a recent avalanche in the Austrian Alps had killed five skiers. The presenter stated the avalanche was ‘reported to be two kilometres wide and five kilometres high’. A second item on ONE News discussed plans for a new dairy factory in Northland. The reporter said, ‘He’s [farmer interviewed] been in the dairy industry for two years and has record low pay-outs, the latest forecast at around four dollars’. The Authority did not uphold a complaint that the reference to the avalanche being ‘five kilometres high’ and the reference in the dairy item to a ‘Fonterra pay-out of $4 per annum’ were inaccurate and misleading....

SummaryAccording to a news item broadcast on National Radio on 30 October 1998 at 9. 00pm, those who escaped from a fire in Sweden included refugees from Macedonia and Somalia. The secretary of the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate and untruthful. Furthermore, it complained, the bulletin was an outright lie, as there were no refugees from Macedonia. The Community argued that the item was unbalanced and unfair because it favoured those who were of the view that the Former Yugoslav Republic of Macedonia could legitimately be called Macedonia. RNZ responded that it had received complaints on previous occasions regarding the use of the name Macedonia, and that it had nothing further to add to its previous responses....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-186 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item on the arrest of five protesters demonstrating against a 1080 poison drop on a farm – Department of Conservation logo was displayed behind the presenter as he introduced the item – allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – use of DOC log was careless, but would not have influenced viewers’ understanding of the issue reported on – not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Tuesday 15 June 2010, discussed the arrest of five protesters demonstrating against a 1080 poison drop on a farm on the West Coast. [2] At the start of the item, a graphic showing the Department of Conservation (DOC) logo with 1080 pellets underneath it was displayed behind the presenter as he introduced the item....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included poll results from a Colmar Brunton survey – allegedly contained inaccurate reference to “sampling error” FindingsStandard 5 (accuracy) – no reference to “sampling error” or “margin of error” in the item – complaint was based on corresponding website article – Authority does not have jurisdiction to consider print content on the internet – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During One News, broadcast on TV One at 6pm on Sunday 18 April 2010, an item reported on proposed changes to the current student loans scheme. Following a discussion of tertiary education and fees, a One News political editor analysed results of a recent Colmar Brunton poll....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sensing Murder: Insight – programme looked into several historical unsolved murders – included commentary from three psychics – allegedly inaccurate Findings Standard 5 (accuracy) – factual information contained in the programme was accurate – psychics’ commentary about the murders was presented as their own perspective – factual material clearly distinguished from opinion, analysis and comment – no evidence viewers were misled – not upheld This headnote does not form part of the decision. Broadcast [1] A programme called Sensing Murder: Insight, broadcast on TV2 at 8. 30pm on 4 September 2007, looked at several historical unsolved murders and three psychics’ comments and insights about each case. At the beginning of the programme the narrator stated: Sensing Murder provoked a huge response from the public. Viewers were divided into two camps: believers and sceptics....