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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

The Authority has not upheld a complaint that a ThreeNews segment breached the accuracy and fairness standards by stating Pete Hegseth has ‘no relevant experience’ for the position of United States Defence Secretary. The Authority found the comment was clearly distinguishable as comment, analysis or opinion to which the accuracy standard did not apply. While the comment can be seen as an overstatement, in the context of the overall broadcast and other reporting regarding Hegseth’s nomination, it was unlikely to mislead viewers, and any potential harm caused by omitting to outline Hegseth’s military experience is not at a level justifying our intervention or restriction of freedom of expression. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority also found the brief comment would not have left viewers with an unfairly negative impression of Hegseth. Not Upheld: Accuracy, Fairness....

The Authority has not upheld a complaint about an RNZ news bulletin. The item briefly reported on the BBC’s apology concerning a live broadcast of music group Bob Vylan chanting ‘death, death to the IDF’, saying the apology described the chants as ‘antisemitic’. The complainant said the use of ‘antisemitic’ to describe the chants was unbalanced, inaccurate and unfair. Noting the statement was clearly attributed to the BBC and the context behind its statement was available to the audience, the Authority found the audience had the information needed to draw their own inferences and conclusions and would not be misled. The balance and fairness standards did not apply or were not breached.    Not Upheld: Balance, Accuracy, Fairness...

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19891XX News – items reported on repeat complaints about campaign overspending – stated, “Detective Inspector [name] says the Independent Police Conduct Authority determined [the police] investigation was thorough and followed correct procedure....

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-050:Christian Heritage Party and Television New Zealand Ltd - 1993-050 PDF297. 88 KB...

Download a PDF of Decision No. 1993-146:Bryant and TV3 Network Services Ltd - 1993-146 PDF305. 77 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about meeting of the five McCartney sisters with President Bush in Washington – women’s brother had been killed by IRA – item also showed President Bush meeting Irish Prime Minister – item later reported that the President declined to meet with Sinn Fein leader Gerry Adams – item failed to identify Irish Prime Minister – allegedly unbalanced and inaccurateFindings Standard 4 and Guideline 4a (balance) – no discussion of controversial issue of public importance – not upheld Standard 5 and Guideline 5a (accuracy) – Irish Prime Minister identified as such in the script – not inaccurate – not upheldThis headnote does not form part of the decision....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-074 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary A news bulletin on Tonight, concerning China’s decision to veto a continued United Nations peacekeeping force in the Former Yugoslav Republic of Macedonia (FYROM), was broadcast on 26 February 1999 at 10. 40pm. The item used the name "Macedonia" on several occasions when referring to the country officially recognised by the United Nations as FYROM. The Greek Orthodox Community of Wellington and Suburbs Inc. complained to Television New Zealand Ltd, the broadcaster, that the use of the name Macedonia for FYROM was inaccurate and untruthful. It also complained that the broadcast was unbalanced and unfair because the UN had not recognised any country by that name. TVNZ declined to uphold the complaint, arguing that it was valid to use the name Macedonia for FYROM when the context made it clear which territory was being referred to....

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

ComplaintOne News, Tonight, Assignment – inaccurate, reports of new evidence about William Sutch trial FindingsStandard G14 – not inaccurate – no uphold Standard G19 – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Items on One News and Tonight, broadcast on 30 March 2000 at 6. 00pm and 10. 30pm respectively, examined what was described as new evidence relating to the 1975 trial of Dr William Sutch. The reports arose in the context of an Assignment programme, also broadcast that evening, in which the historic charges against Dr Sutch were reviewed. Simon Boyce complained that claims made in the two news bulletins were not substantiated in the Assignment programme, and that a still photograph shown in the news item was a misrepresentation of events. He also complained that the Assignment programme was inaccurate because it contained unsubstantiated allegations....