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Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview about housing market in Auckland – interviewer commented, “with section prices actually falling in some of the city’s outlying areas” – allegedly inaccurate FindingsStandard 5 (accuracy) – host’s brief comment in the introduction was not a material point of fact in the context of the interview – comment would not have materially altered listeners’ understanding of the issues discussed – not upheld This headnote does not form part of the decision. Introduction [1] During Nine to Noon, the host interviewed the chair of the Productivity Commission about the Commission’s recent report on housing affordability, provided to the Government in March 2012. The host introduced the interview as follows: Our next guest is here to talk about Auckland property prices going balmy. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...

Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989Nine to Noon – contained a discussion about the 'three strikes' legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaintFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheldStandard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld No Order This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the National Party’s proposed asset sales policy – stated that the Government had refused to release information under the Official Information Act and that a complaint to the Ombudsman revealed that the Government had very little official advice regarding its claim about limiting foreign ownership – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – item highlighted that the Government received limited official advice on limiting foreign ownership and questioned its decision not to release further information about that aspect of the policy – was not overly critical of the Government – high value speech – included comment from Prime Minister John Key – item was not inaccurate or misleading – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, 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) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on striking workers from recycling company Paper Reclaim who wanted a pay increase of one dollar extra an hour – stated that they worked in “dirty, unsanitary conditions” and that there was a rat problem at Paper Reclaim’s plant – allegedly in breach of accuracy, fairness and privacy Campbell Live promos – promos on TV3 and Radio Live referred to working with rubbish and rats for low pay – allegedly in breach of accuracy and fairness FindingsCampbell Live Standard 5 (accuracy) – programme created strong impression that Paper Reclaim’s premises were unsanitary and rat-infested – misleading – upheld Standard 6 (fairness) – unfair to suggest that Paper Reclaim had a serious rat problem – Paper Reclaim was not given a fair and reasonable opportunity to respond to the allegations about its working conditions and rat infestation – door-stepping not unfair – upheld Standard…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....