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Decisions
Povey and Television New Zealand Ltd - 2020-173 (25 May 2021)
2020-173

The Authority has not upheld a complaint that various 1 News items referring to Joe Biden as the ‘president-elect’ before confirmation by the United States Electoral College breached the balance, accuracy and fairness standards. The Authority found this was a technical distinction that would not have altered viewers’ overall understanding of the items, therefore it was not a ‘material’ point of fact for the purposes of the accuracy standard. To the extent the items touched on the outcome of the United States election, which in some circumstances may amount to a controversial issue of public importance triggering the balance standard, the Authority was satisfied the standard was not breached taking into account the perspectives acknowledged within the items as well as in a wide range of other coverage both by TVNZ and media generally....

Decisions
Meridian Energy Ltd and Radio New Zealand Ltd - 2021-085 (13 October 2021)
2021-085

The Authority has not upheld a complaint that an item covering the Electricity Authority’s new trading rule breached the accuracy and fairness standards. The item was materially accurate, given its focus was the introduction of a new trading rule, motivated in part to address an undesirable trading situation (associated with Meridian Energy’s actions). It was not unfair to Meridian, as the programme was not inaccurate in how it presented Meridian’s contribution to the ‘revamped’ rule. Not Upheld: Accuracy, Fairness...

Decisions
Wilson and NZME Radio Ltd - 2023-045 (30 August 2023)
2023-045

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

Decisions
Wellington Palestine Group and Discovery NZ Ltd - 2022-082 (8 November 2022)
2022-082

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm reporting on clashes between mourners and Israeli police at the funeral of a Palestinian-American journalist in East Jerusalem. Footage of the events was accompanied by a caption onscreen stating ‘Jerusalem, Israel,’ which the complainant considered was inaccurate. The Authority found the brief caption would not have materially affected viewers’ understanding of the item as a whole and therefore the accuracy standard was not breached. Not Upheld: Accuracy...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Kellett and Television New Zealand Ltd - 2022-109 (30 January 2023)
2022-109

A segment on Seven Sharp reported on an electric tugboat named ‘Sparky’ going to meet the first cruise ship to come to Auckland following the COVID-19 pandemic. Sparky was described as ‘the world’s first fully electric ship-handling tug,’ which the complainant alleged was inaccurate. While the Authority acknowledged that this detail was likely technically inaccurate, in the context of a human interest piece focused on Sparky’s mechanical features, it found this was unlikely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)
2022-140

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance...

Decisions
Ministry of Health and CanWest TVWorks Ltd - 2007-012
2007-012

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....

Decisions
Accident Compensation Corporation and TVWorks Ltd - 2009-074
2009-074

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....

Decisions
Werry and Radio New Zealand Ltd - 2004-132
2004-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Decisions
McDonald and CanWest TVWorks Ltd - 2004-183
2004-183

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about new pricing structures for national calls at Telecom – graphic stated $0. 08c per minute on national calls – correct price $0. 18c per minute – allegedly inaccurateFindingsStandard 5 (accuracy) – graphic inaccurate – significant mistake requiring correction – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast on TV3 at 6:00pm on 26 August 2004, contained an item on new pricing structures at Telecom for national calls. During the item, a graphic noted the following: “Anytime Plan” National Calling: $0. 08c per minute National Capped: $2. 75 (up to two hours) Home to Mobile: $0. 48c calls to 027 & 025, $0. 55c calls to 021 & 029 [2] The correct price for national calls was in fact $0. 18c per minute....

Decisions
Mahdavi and CanWest Radioworks Ltd - 2007-074
2007-074

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – reference to the Arabian Gulf in a news report – allegedly inaccurateFindings Principle 6 (accuracy) – use of the term Arabian Gulf inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] During a news item broadcast on Radio Live on 9 April 2007, a reporter used the term “Arabian Gulf” when reporting that a British service woman had been freed after being held hostage for 13 days in Iran. Complaint[2] Babak Mahdavi complained to CanWest RadioWorks Ltd, the broadcaster, that the body of water which separates the Iranian Plateau from the Arabian Peninsula was officially named the “Persian Gulf”, and therefore it was inaccurate to refer to it as the Arabian Gulf....

Decisions
McDonald and Television New Zealand Ltd - 2007-073
2007-073

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – statement that the average household spends 20 percent more on electricity than it did 20 years ago – allegedly inaccurate Findings Standard 5 (accuracy) – reasonable viewers would have understood that the statement referred to 20 percent of household budget, not 20 percent more money – not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 31 May 2007, discussed the recent death of a woman whose power had been switched off by an electricity company. The reporter said the woman’s death had: …thrown the spotlight on the huge increases in power prices in the past 20 years. The average household now spends 20 percent more on electricity....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

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
Ministry of Health and Television New Zealand Ltd - 2000-030, 2000-031
2000-030–031

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....

Decisions
Collins and Radio New Zealand Ltd - 2002-171
2002-171

ComplaintNews item on National Radio – Padre Pio made a saint – "who is said to be" a stigmatist – cast doubt on accuracy of statement Findings Principle 6 – phrase did not make statement inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The canonisation of Padre Pio was reported in a news item broadcast on National Radio at 5. 00am on 17 June 2002. It was reported that he was said to have borne the bleeding wounds of Christ. [2] Rev D P Collins complained to Radio New Zealand Ltd, the broadcaster, that the use of the phrase "who is said to be" was simply an impression when medical evidence must be available as Padre Pio died in 1968....

Decisions
Darcy and SKY Network Television Ltd - 2001-114
2001-114

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....

Decisions
Green Society and MAI FM Limited - 1996-129
1996-129

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-129 Dated the 9th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GREEN SOCIETY Broadcaster MAI FM LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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