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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 135 /94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEADER OF THE OPPOSITION (Rt Hon HELEN CLARK) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

ComplaintSky Digital programme guide – English Premier League – incorrect promo of forthcoming game – Standard A9 – upheld by broadcaster – action taken insufficient FindingsAction taken – explanation and apology – sufficient – no upholdThis headnote does not form part of the decision. SummaryA live game from the Premier Football League in England is broadcast each Monday at 2. 55am on Sky Sports 2. The programme guide screened on Sky Digital at 6. 00pm on Sunday 22 April advised that the advertised game would not be broadcast the following morning as the game was not being played. Mr Darcy complained to Sky Network Television Ltd, the broadcaster, that the guide was incorrect. The game he had been expecting to watch was in fact played, in New Zealand time, at 2. 55am on Monday 23 April. In response, Sky upheld the complaint....

Summary[This summary does not form part of the decision. ]An item on RNZ News reported on the Voluntary Euthanasia Society NZ’s (VES) calls for government action following a recently published study that indicated strong public support for some form of lawful assisted dying. The Authority did not uphold a complaint that this item inaccurately reported the findings of the study, and lacked balance. This was a short news report which accurately conveyed the key findings of the study to the listener. In the context of the item, it was not practical or necessary to convey the detailed nuances of the study’s findings. While the item touched on the broader issue of euthanasia, it simply reported on the findings of the study and did not amount to a discussion of the wider issue which triggered the requirements of the balance standard....

Summary[This summary does not form part of the decision. ] During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the Conservative Party Annual General Meeting, which was the subject of a police call-out because a former Board member attempted to attend the meeting and was issued a trespass notice. The Authority did not uphold a complaint alleging that the item lacked balance, was inaccurate and was unfair to the Conservative Party and its former leader Colin Craig. The item was a straightforward news report that was not unfair to the Conservative Party or Colin Craig, who as a public figure should expect to be subject to some criticism and scrutiny. The item did not discuss a controversial issue of public importance that required the presentation of other views and was not inaccurate....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary[This summary does not form part of the decision. ]A ONE News item reported on four investigations by British police into historical child sex abuse allegations against former UK Prime Minister Sir Edward Heath. The reporter said, ‘Information from these inquiries will be fed into a wider inspection that’s being run by New Zealander Justice Lowell Goddard’. The Authority did not uphold a complaint that referring to Lowell Goddard as ‘Justice’ was inaccurate. The use of the title was not a material point of fact to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] A ONE News item reported on four investigations by British police into historical child sex abuse allegations against former UK Prime Minister Sir Edward Heath. The reporter said:Information from these inquiries will be fed into a wider inspection that’s being run by New Zealander Justice Lowell Goddard....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – investigated one couple’s practice of grazing cattle along the banks of the Pahaoa River in the Wairarapa – interviewed concerned neighbour, environmental scientist, Greater Wellington Regional Council, and spokesman for Federated Farmers – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – story focused on one couple – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – two aspects upheld Standard 6 (fairness) – the Riddells were not given a reasonable opportunity to present their side of the story – reporter’s approach unfair – upheld OrderSection 13(1)(a) – broadcast statement Section 16(1) – legal costs to the complainant $1,670 This headnote does not form part of the decision. Broadcast [1] On Campbell Live, broadcast on TV3 at 7pm on 4 February 2009, the host introduced a story, saying: Let’s. . ....

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

ComplaintGood Morning – news item at 7. 00am and subsequently – report that President Bush wanted bin Laden dead or alive – misleading – incorrect FindingsPrinciple 6 – acceptable précis of President’s statement – no uphold This headnote does not form part of the decision. Summary [1] President Bush of the United States wanted "Osama bin Laden dead or alive for last Wednesday’s attacks" reported a news item broadcast on National Radio at 7. 00am on 18 September 2001. The item was repeated on subsequent news broadcasts. [2] Michael Gibson complained to Radio New Zealand Ltd, the broadcaster, that the item was incorrect. He said that he had advised RNZ, shortly after 7. 00am, that President Bush had said that wanted to bring bin Laden to justice. However, he added, the incorrect item had been repeated....

Summary[This summary does not form part of the decision. ]An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit. The reporter said, 'The Epsom Day Unit is a place where women come to exercise their right to choose'. The Authority did not uphold a complaint that the phrase 'right to choose' materially misrepresented the abortion law in New Zealand. Although the statement was legally incorrect, it was peripheral to the focus of the item and so was not a material point of fact to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit....

Summary[This summary does not form part of the decision. ]Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill. The South Taranaki District Council complained that the item was inaccurate and unfair. The Authority found that this was an important story which carried high public interest and that much of it was accurate and well-reported. Nevertheless, a number of statements conveying the gravity of the problem with the eader did not have a sufficient basis and were overblown, which was misleading and unfair. Accordingly the Authority upheld some aspects of the complaint. Upheld: Accuracy, FairnessNo OrderIntroduction[1] Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item reported on deaths of two people involved in a police pursuit – stated that 10 people in 2010 had died “as a result of patrol car pursuits” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not state that police were responsible for the deaths – viewers would have understood the meaning of the reporter’s statement – not inaccurate or misleading – not upheld Standard 6 (fairness) – item was straightforward news report – no judgement was made about the actions of the police involved in the pursuits – not unfair to the police – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10....

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....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – introducing an item about events on Waitangi Day, the presenter referred to the Treaty of Waitangi as “the nation’s founding document” – description of Treaty allegedly inaccurateFindingsStandard 5 (accuracy) – reporter’s description of the Treaty as “the nation’s founding document” was not a material statement of fact to which the accuracy standard applied – description would not have misled viewers about the status of the Treaty – item not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] A One News item broadcast on Waitangi Day, 6 February 2013, covered the Prime Minister’s visit to, and reception at, Waitangi that day....

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....