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Decisions
Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)
2022-130

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Shierlaw and Mediaworks TV Ltd - 2019-068 (22 January 2020)
2019-068

The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...

Decisions
Colina and Radio New Zealand Ltd - 1993-128
1993-128

Download a PDF of Decision No. 1993-128:Colina and Radio New Zealand Ltd - 1993-128 PDF392. 47 KB...

Decisions
Hickson and Television New Zealand Ltd - 2023-044 (20 November 2023)
2023-044

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression. Upheld by Majority: Accuracy, Not Upheld: Balance No Order...

Decisions
Flanagan and Discovery NZ Ltd - 2024-020 (22 April 2024)
2024-020

The Authority has not upheld an accuracy complaint about a statement by Newshub’s political editor, ‘the Government announced today it is going to be scrapping cultural reports [used in sentencing],’ following an item focused on the Prime Minister’s comments at Waitangi and on the Treaty Principles Bill. The complaint alleged it was misleading to say the reports had been ‘scrapped’ when the Government had actually announced it would remove legal aid funding for the reports. The Authority was not convinced the statement was inaccurate, given the practical effect of removing Legal Aid funding for cultural reports; and even if it were, the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole. Not Upheld: Accuracy...

Decisions
Wilson and NZME Radio Ltd - 2019-067 (22 January 2020)
2019-067

The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...

Decisions
Erickson and Television New Zealand Ltd - 2022-114 (27 February 2023)
2022-114

The Authority declined to determine a complaint an item on 1 News reporting on the New Zealand economy breached the accuracy standard. The complainant considered the focus of the item should have been on GDP growth, but was instead framed around wealth inequality, and was otherwise misleading through the omission of other details. The Authority considered these were issues of personal preference and editorial discretion, which cannot be resolved through the complaints process. Declined to Determine (section 11(b) of the Broadcasting Act 1989 in all the circumstances the complaint should not be determined): Accuracy...

Decisions
Jeffries and Radio New Zealand Ltd - 2014-069
2014-069

Summary [This summary does not form part of the decision. ]An item on Checkpoint reported on the Lombard Finance case, focusing on a former investor and her reaction to the revised sentences handed out to the Lombard directors. The item included a quote which was incorrectly attributed to the directors. The Authority did not uphold the complaint that the misattributed quote was misleading. The quote was from the High Court judge who had summarised what he considered to be the directors’ position, so listeners’ impression of the directors from the item would not have been materially different. Not Upheld: AccuracyIntroduction[1] An item on Checkpoint discussed the Lombard Finance case with a former investor, in relation to the sentences of home detention reinstated by the Supreme Court for Lombard’s directors (having overturned the Court of Appeal’s sentences of imprisonment)....

Decisions
Centre for Psycho-Sociological Development and Television New Zealand Ltd - 1996-030
1996-030

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 030 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Taylor-Dean and Thames Coromandel District Council and Coromandel FM - 1998-054, 1998-055
1998-054–055

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-054 Decision No: 1998-055 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LINDA TAYLOR-DEAN of Whitianga and THAMES COROMANDEL DISTRICT COUNCIL Broadcaster COROMANDEL COMMUNICATIONS LTD trading as COROMANDEL FM S R Maling (Chairperson) L M Loates R McLeod J Withers...

Decisions
Television New Zealand Ltd and TV3 Network Services Ltd - 1999-041, 1999-042
1999-041–042

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

Decisions
Zacharias and TV3 Network Services Ltd - 2000-085
2000-085

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Decisions
Gregory and Television New Zealand Ltd - 2005-133
2005-133

Complaint under section 8(1)(a) of the Broadcasting Act 1989Exposé: Prostitution – After the Act – documentary looking at the effect of the Prostitution Reform Act on the sex industry – allegedly in breach of law and order, balance and accuracyFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to illegal acts – not upheld Standard 4 (balance) – item provided a range of views on the controversial issue – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Exposé: Prostitution – After the Act was a documentary broadcast on TV One at 8. 30pm on 29 September 2005. The programme examined the way in which the Prostitution Reform Act (PRA) had affected the sex industry in New Zealand. The introduction stated: In June 2003, prostitution was decriminalised....

Decisions
Fraser and Television New Zealand Ltd - 2004-203
2004-203

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Decisions
James and Radio New Zealand Ltd - 2003-091
2003-091

ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....

Decisions
Ryan and Television New Zealand Ltd - 2011-004
2011-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – teaser for upcoming item on Prince William and Kate Middleton – presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot? ” – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] One News Tonight, broadcast on TV One at 7pm on Tuesday 9 November 2010, contained a brief, five-second teaser for an upcoming item on Prince William’s engagement to Kate Middleton. The presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot?...

Decisions
Golden and Radio New Zealand Ltd - 2012-109
2012-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Decisions
Macedo and Radio New Zealand Ltd - 2014-112
2014-112

Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....

Decisions
Wyn-Harris and Television New Zealand Ltd - 2017-047 (4 September 2017)
2017-047

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

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