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ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

SummarySome customer complaints that Telecom had "hijacked" users of other telephone companies were investigated in an item on 3 National News, broadcast between 6. 00–7. 00pm on 1 December 1997. "Hijacking" involves diverting customers, without their permission, from other telephone companies to the "hijacker". The solicitors for Telecom New Zealand Ltd complained to TV3 Network Services Ltd, the broadcaster, that the item was unfair and unbalanced in both its preparation and presentation in alleging that Telecom was the only company involved in this activity, and that it was occurring on a substantial scale. A balanced item would have reported that unauthorised diversions were rare, and were undertaken by other companies as well, the complainant wrote. On the basis that the item accurately reported Telecom's claim that other companies signed up customers against their will, TV3 declined to uphold the first part of the complaint....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

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....

Complaint20/20 – statement broadcast about a complaint upheld by the Authority – inaccurate – misleading – unfair FindingsStandard 5 – statement broadcast accurate – no uphold Standard 6 – not unfair – complainant did not take part nor referred to – no uphold This headnote does not form part of the decision. Summary [1] TV3 was ordered to broadcast a statement about a complaint that had been upheld by the Broadcasting Standards Authority. The statement was broadcast on TV3 at the end of a 20/20 programme at approximately 8. 30pm on 30 March 2003. [2] Mark Scott complained to TV3 Network Services Ltd, the broadcaster, that the statement broadcast was inaccurate, misleading and unfair. As the producer of the item to which the statement related, he argued that the statement was incorrect because he had evidence to the contrary....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item on battle in Gaza Strip – reported 15 Palestinians killed including teenaged son of one of Yasser Arafat’s close allies – Palestinian combatants described as “militants”– item allegedly unbalanced, unfair and inaccurate – should have described Palestinian combatants as “terrorists” – should have described provocation for incidentFindings Standard 4 (balance) – brief item described incident and views of both sides – not upheld Standard 5 (accuracy) – “militants” not inaccurate – item not inaccurate – not upheld Standard 6 (fairness) – item treated both sides of conflict fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News broadcast at 6pm on 12 February 2004 reported on a battle in the Gaza Strip between Israeli troops and Palestinians, in which 15 Palestinians were killed....