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Decisions
Golden and Radio New Zealand Ltd - 2019-009 (4 June 2019 )
2019-009

The Authority has not upheld a complaint that a host’s comment during Nights, regarding the likelihood of the manned moon landings being fake, was inaccurate. The comment occurred during a talkback segment of the programme, with the host providing his response to an email received from the complainant. In this context, the statement by the host was not a material point of fact but a statement of comment or opinion, to which the requirements of the accuracy standard do not apply. Not Upheld: Accuracy  ...

Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

Decisions
New Zealand Dietetic Association and TVWorks Ltd - 2008-134
2008-134

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 participants – no misleading statements – not upheld 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 16 September 2008 episode, broadcast at 7. 30pm on TV3, featured a couple named James and Jo. The team consisted of "Downsize Me!...

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
Ngaei, Association of Salaried Medical Specialists and New Zealand Medical Association and Television New Zealand Ltd - 2004-135
2004-135

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

Decisions
Bolton and Radio New Zealand Ltd - 2009-097
2009-097

An appeal against this decision was allowed in the High Court and the complaint was referred back to the Authority for reconsideration: CIV 2010-485-225 PDF136. 55 KB 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 inaccurateFindingsStandard 5 (accuracy) – item was a factual programme – interviewee made statements of fact that were material to topic under discussion – accusations extremely serious – broadcaster did not make reasonable efforts to assess the veracity of the accusations – upheld by majorityNo OrderThis headnote does not form part of the decision....

Decisions
Saxe and Television New Zealand Ltd - 2009-165
2009-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

Decisions
Ritchie and Radio New Zealand Ltd - 2003-164
2003-164

ComplaintMidday Report – references to Bush administration – comments from UN Secretary-General Kofi Annan on Iraq – distorted – misleading – inaccurate FindingsPrinciple 6 – misleading to equate coalition with Bush administration – uphold No Order This headnote does not form part of the decision. Summary [1] An item about terrorist activities in Iraq was broadcast on National Radio’s Midday Report broadcast on 21 August 2003. The item from an ABC reporter in Washington referred to the “Bush administration” in the United States and included a comment from UN Secretary-General Kofi Annan that “The coalition has made mistakes and we probably have too”....

Decisions
Latimer and Television New Zealand Ltd - 2002-048
2002-048

Complaint Breakfast – item on increased ACC levy for motorcycles – biased against motorcyclists FindingsStandard G4 – motorcyclists not dealt with unfairly – no uphold Standard G14 – item dealt with levy increase fairly – no uphold This headnote does not form part of the decision. Summary [1] Increases in ACC levies were dealt with in an item broadcast on Breakfast between 7. 00–9. 00am on 5 December 2001. It was reported that the levy to be paid on the annual registration of motorcycles was to increase by nearly 60 percent because of the high number of accidents involving motorbikes. [2] Miss K Latimer complained to Television New Zealand Ltd, the broadcaster, that the item was biased and misleading because of the negative attitude she considered had been taken towards motorcyclists....

Decisions
Ashton and Payne and Māori Television - 2012-054
2012-054

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kāea – item reported on Anglican Church deacon who was allegedly stood down after making a complaint about a man he alleged was the subject of a sexual abuse inquiry – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not appear to take any steps to corroborate essential facts of the broadcast – unfair to omit other reasons for the deacon’s suspension – given the seriousness of the allegations, the church was not provided with a fair and reasonable opportunity to comment – item was unfair to the church and the Bishop – upheld Standard 5 (accuracy) – it is not the Authority’s role to make a finding on the merits of the alleged sexual abuse and whether this was accurately portrayed in…...

Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Faithfull and Radio New Zealand Ltd - 2012-046
2012-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint and RNZ News– the Executive Director of the Rape Prevention Education Group, Dr Kim McGregor, stated, “I think our focus has to be on the safety of our children, and we know that approximately one in four girls and one in eight boys are likely to experience some form of sexual violence before the age of 16” – news item later reported Dr McGregor “claims”, before repeating the figures – figures allegedly inaccurate FindingsStandard 5 (accuracy) – Dr McGregor’s comment was not a statement of fact but reflected her views and experiences, and was presented from an advocacy perspective – the figures were approximates and while contentious, were supported by some independent research – not upheld This headnote does not form part of the decision....

Decisions
Raj and Triangle Television Ltd - 2011-125
2011-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Zindagi Forever – programme featured stage-set musical performance – song lyrics made references to God – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – standards not applicable as not a news, current affairs or factual programme – programme wholly opinion-based and explored religious beliefs – not upheld Standard 6 (fairness) – Hinduism a religious tradition and not an individual or organisation to which the standard applies – not upheld This headnote does not form part of the decision. Introduction [1] Zindagi Forever, a religious programme, was broadcast on Triangle TV on 17 September 2011. The programme featured a stage-set musical performance in which the song lyrics (in Hindi with English subtitles) made various references to God....

Decisions
Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029
1993-029

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Decisions
Hashimoto and Radio New Zealand Ltd - 2014-010
2014-010

Summary [This summary does not form part of the decision. ]During a discussion on Summer Noelle about current events in Japan, a foreign correspondent commented that whale meat in Japan was ‘quite cheap’, and that the Senkaku Islands were ‘fairly meaningless’. The Authority did not uphold the complaint that these comments were inaccurate, as they were clearly the personal opinions and analysis of the correspondent. Not Upheld: AccuracyIntroduction[1] During a discussion on Summer Noelle about current events in Japan, a foreign correspondent made comments about the price of whale meat, and the Senkaku Islands. The programme was broadcast on Radio New Zealand National on 8 January 2014. [2] Masaru Hashimoto made a formal complaint to Radio New Zealand Ltd (RNZ), alleging that the foreign correspondent’s comments were inaccurate....

Decisions
Te Reo Takiwa O Ngatihine and Television New Zealand Ltd - 1993-059
1993-059

Download a PDF of Decision No. 1993-059:Te Reo Takiwa O Ngatihine and Television New Zealand Ltd - 1993-059 PDF686. 17 KB...

Decisions
Seqirus (NZ) Ltd and MediaWorks TV Ltd - 2016-015 (27 June 2016)
2016-015

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

Decisions
Tongan Health Society and Television New Zealand Ltd - 2019-054 (2 December 2019)
2019-054

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

Decisions
Insurance Council of New Zealand and MediaWorks TV Ltd - 2014-146
2014-146

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Decisions
Popa and MediaWorks TV Ltd - 2014-095
2014-095

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

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