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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-050 Decision No: 1998-051 Decision No: 1998-052 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-085 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G E WILLIAMS of Hastings Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary An item reporting on the result of a One Network News/Colmar Brunton political poll was broadcast on One Network News on TV One 21 June 1999 between 6. 00pm and 7. 00pm. Mr Helm complained to Television New Zealand Ltd, the broadcaster, that the item was misleading and inaccurate in its interpretation of the poll results. He said that the item incorrectly linked voter support to the potential composition of a future Parliament. He said that the interpretation was based on a wrong assumption that the poll results, if reflected in a general election, would lead to proportional, or very nearly proportional, representation. TVNZ responded that the item was an accurate indication of political preferences at the time of polling....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-013 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C G HAYBALL of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...

Download a PDF of Decision No. 1992-079:Wardlaw and TV3 Network Services Ltd - 1992-079 PDF438. 69 KB...

Summary [This summary does not form part of the decision. ] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi settlement with the government. The Authority did not uphold the complaint that the item was inaccurate and unbalanced because it misrepresented Ngāpuhi’s economic situation and historical land loss. This was a human interest piece framed from the perspective of John Campbell, and largely comprising the personal opinions and experiences of the people he visited. The community was the focus, not the settlement, and viewers would not have been misled in this context. Not Upheld: Controversial Issues, Accuracy Introduction [1] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi (Treaty) settlement with the government....

The Authority did not uphold a complaint that an item on 1 News, which reported on the United States (US) government shutdown, breached the accuracy standard. The Authority found the statement: ‘The crisis began after Democrats refused to sign off on the President’s demands for eight and a half billion dollars to build a border wall with Mexico’, was unlikely to mislead or misinform viewers about the latest events in the US government shutdown, reported on during the item. The Authority noted that in the context of the item as a whole, the presenter’s comment was an acceptable shorthand introduction to the key issues reported on. Finally, in this case the Authority found that the broadcaster was not required, in the interests of accuracy, to specify that the amount sought for the border wall was reported in New Zealand dollars. Not Upheld: Accuracy...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and TVNZ News at Eight – news items before documentary The Investigator: The Case Against Robin Bain screened – 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 – news items stated that Mr Bruce had drawn conclusions about Robin’s alleged motive through examining the testimony of a surprise witness – did not state what his conclusions were – allegedly in breach of accuracy standardOne News Tonight and TVNZ News Now – late-night news items after the documentary screened revealed Mr Bruce’s conclusions about the surprise witness – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – promotion of the documentary and embargo on the details of Mr Bruce’s findings did not result in any of the news items being inaccurate or misleading – not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

The Authority has not upheld a complaint that presenters’ comments during a fundraising appeal promotion for Rhema Media’s Sanctuary Radio breached the accuracy standard. The presenters referred to the station as ‘listener funded’ which the complainant argued was misleading as Rhema Media also receives income from commercial businesses, charities and other sources. The broadcaster confirmed it is 85% listener funded, with listener support and contributions crucial to its identity and operations. The Authority found the term ‘listener funded’ in the context was part of brand messaging and audience engagement intended to rally support, rather than stating as fact the station is 100% listener funded. The Authority considered the risk of listeners being materially misled was low and did not justify restricting the broadcaster’s freedom of expression in the way it presented its fundraising promotion. Not Upheld: Accuracy ...