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Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Low and Television New Zealand Ltd - 2001-048
2001-048

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

Decisions
Bolton and Radio New Zealand Ltd - 2009-166
2009-166

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurate FindingsStandard 5 (accuracy) – item was a factual programme - interviewee's statements distinguishable as analysis – exempt from accuracy under guideline 5a – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called "Ideas" on Sunday with Chris Laidlaw, broadcast on Radio New Zealand National on the morning of 31 May 2009, the host interviewed a sociologist, Dr Scott Hamilton, about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the gravity of the Holocaust....

Decisions
Boyce and Karam and Television New Zealand Ltd - 2010-130
2010-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Decisions
Cummings and Television New Zealand Ltd - 2010-164
2010-164

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item reported on marketing strategy to enhance Palmerston North’s image as a visitor destination – included file footage of clock tower and other buildings – footage taken prior to $24 million redevelopment – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – file footage was extremely brief – not a material point of fact – would not have misled viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A satirical item on Close Up, broadcast on TV One at 7pm on Friday 1 October 2010, entitled “Worst Town”, reported on an initiative by Palmerston North City Council to improve the city’s image by marketing its top seven destinations. The presenter introduced the item as follows: You remember comedian [name] branded it ‘suicide capital of New Zealand’....

Decisions
HC and CT and Television New Zealand Ltd - 2010-163
2010-163

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Decisions
Beckett, Cox and Warren and TVWorks Ltd - 2011-047
2011-047

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order This headnote does not form part of the decision....

Decisions
Sleeth and Television New Zealand Ltd - 2011-067
2011-067

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about arming police officers referred to police “force” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – complainant received adequate response from the broadcaster – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 5 April 2011, reported on the issue of whether police officers should carry guns. The item contained two references by the reporter to the police “force”. The reporter said, “The most explosive issue facing our force: should every cop have a gun on their hip? ” and that the new Police Commissioner would “like to see more women in the police force”....

Decisions
Minister of Justice (Hon Tony Ryall) and Radio New Zealand Ltd - 1999-195
1999-195

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

Decisions
Hon Richard Prebble MP and Television New Zealand Ltd - 2000-167
2000-167

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....

Decisions
Wilkins and Television New Zealand Ltd - 2010-088
2010-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

Decisions
Wood and SKY Network Television Ltd - 2011-135
2011-135

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....

Decisions
Tichbon and Television New Zealand Ltd - 2000-065
2000-065

ComplaintOur People Our Century: "In the Family Way" – inaccurate, sexist statements – women portrayed as victims, men as violent abusers FindingsG1 – not inaccurate – no uphold G4 – not unfair – no uphold G6 – not relevant – balance not required in social history – no uphold G13 – no uphold This headnote does not form part of the decision. Summary The first episode of the documentary series Our People Our Century was broadcast on TV One on 7 February 2000 at 8. 30pm. It was entitled "In the Family Way" and looked at family life in New Zealand through the experiences of three different families. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that the programme made a number of inaccurate sexist statements in relation to men, and unfairly and inaccurately portrayed women as victims and men as violent abusers....

Decisions
Dougherty and Television New Zealand Ltd and TVWorks Ltd - 2010-142
2010-142

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and 3 News – items reported on New Zealand Film and Television Awards – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – material to be included in news items is a matter of editorial discretion not broadcasting standards – Authority declines jurisdiction to accept and consider the complaints on the grounds that Mr Dougherty did not lodge valid formal complaints with the broadcasters This headnote does not form part of the decision. Broadcast [1] On Sunday 19 September 2010, both One News (broadcast on TV One) and 3 News (broadcast on TV3) reported on the results of the Qantas Film and Television Awards which had been announced the previous evening. Complaints [2] Ian Dougherty made formal complaints to Television New Zealand Ltd and TVWorks Ltd, the broadcasters, alleging that the news items breached Standard 5 (accuracy)....

Decisions
Department of Conservation (Wanganui Conservancy) and Carlin and Radio Pacific Ltd - 1998-035, 1998-036
1998-035–036

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Smith and Television New Zealand Ltd - 2000-127
2000-127

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Decisions
O'Neill and Television New Zealand Ltd - 2000-202
2000-202

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Decisions
McDonald and Television New Zealand Ltd - 2010-055
2010-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Decisions
Egg Producers Federation of New Zealand (Inc) and TVWorks Ltd - 2009-053
2009-053

Complaint under section 8(1C) of the Broadcasting Act 1989Sunrise – item featured a woman who ran a sanctuary for ex-battery hens – included footage of caged hens – woman described condition of hens when they arrived at her property – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item focused on the experience of one woman – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – statement about uric acid presented as fact – inaccurate but immaterial in context of human interest story – point was that chickens were in poor condition as a result of being caged – not misleading to use footage of battery hens – not upheld Standard 6 (fairness) – industry not an individual or organisation taking part or referred to – complainant did not take part and was not referred to – not applicable – not upheld This headnote does…...

Decisions
Halliwell and Television New Zealand Ltd - 2009-091
2009-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...