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The Authority has declined to determine a complaint under various standards about an answer during the DUKE Quiz which, in identifying an astronaut who ‘did not set foot on the moon’, stated ‘but then, did anyone really land on the moon? ’. The Authority considered the complaint was trivial and did not warrant determination. Declined to Determine (section 11(a) of the Broadcasting Act 1989 – trivial): Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-164 Decision No: 1996-165 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BRENDAN TUOHY (2) of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

ComplaintOne Late Edition – news item regarding school students suspended for possession of cannabis – interview with Executive Director of WellTrust – discussed drug use by children – unbalanced – inaccurate – misleading Findings Standard 4 – period of current interest ongoing – no uphold Standard 5 – mixture of fact and opinion – no uphold Standard 6 – not relevant – no uphold This headnote does not form part of the decision Summary [1] An item about school students who were suspended for possessing bags of cannabis was broadcast on One Late Edition, shown on TV One at 10. 35pm on 22 November 2002. The item included a live interview with the Executive Director of WellTrust (Pauline Gardiner), a Wellington drug education organisation, about drug use by children....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – weather item – after autumnal equinox the sun moves into the northern hemisphere – allegedly inaccurateFindings Standard 5 (accuracy) – colloquial phrase used to convey everyday attitude rather than technical information – not upheld This headnote does not form part of the decision. Broadcast [1] The weather announcer advised viewers of One News that, after the autumnal equinox, the sun moved back into the northern hemisphere. The statement was broadcast on TV One shortly before 7. 00pm on 20 March 2004. Complaint [2] Harry Evison complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate. The biblical notion of the sun “moving”, he wrote, was disproved by Copernicus in the 16th century and the statement made New Zealand look foolish in the eyes of viewers from overseas....

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....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

ComplaintTV One – coverage of Olympic Games opening ceremony advertised as being live – untruthful and inaccurate FindingsStandard G1 – implication perhaps misleading – no incorrect facts broadcast – no uphold This headnote does not form part of the decision. Summary The Olympic Games Opening Ceremony was broadcast on TV One on the evening of 14 September 2000. Advertising breaks were included during the programme. Bryan Bluck complained to Television New Zealand Ltd, the broadcaster, that the extensive advertising prior to the opening of the Olympic Games implied that the broadcast would be live. In fact, he said, after the first advertising break, it was a delayed telecast. He emphasised that his complaint was not that the programme contained advertising, but that the promotions had implied it would be a direct broadcast rather than a delayed one....

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this decision. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item focused on an investigation of alleged dangerous driving practices in the New Zealand Army – contained interviews with an army driving instructor Greg McQuillan and Colonel Paul van Den Broek – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – NZDF given adequate opportunity to respond to allegations and present the Army's perspective – broadcaster provided the necessary significant viewpoints on the topic within the period of current interest – not upheld Standard 5 (accuracy) – comment, "A licence to kill?...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...