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Atkin and Television New Zealand Ltd - 2019-094 (9 March 2020)
2019-094

The Authority has not upheld a complaint about a segment on Seven Sharp regarding an advertisement by Fluoride Free NZ. Mark Atkin, on behalf of Fluoride Free NZ, complained that the programme was in breach of the balance and accuracy standards. The Authority found that the segment did not discuss a controversial issue of public importance, as required for the balance standard to apply. The Authority also found that none of the points identified by the complainant were inaccurate. Not Upheld: Balance, Accuracy...

Decisions
Kelsey and Radio New Zealand Ltd - 2023-098 (16 January 2024)
2023-098

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...

Decisions
Hayes and Radio New Zealand Ltd - 2023-057 (18 October 2023)
2023-057

The Authority has not upheld an accuracy complaint about a statement by RNZ’s Morning Report host, ‘Māori have a clearly proven proprietary right over water… the Supreme Court has acknowledged that’, during an interview regarding the National Party’s Local Water Done Well policy. The complaint alleged there was no case in which the Supreme Court had made such a statement. The Authority found the statement was not materially inaccurate or misleading in the context of the broader discussion: most audience members would not have interpreted the statement in a strictly legal sense or appreciated the technical legal distinctions drawn in the complaint. The key point being made by the host was that National would need to ensure Māori interests in water were adequately dealt with – or risk facing further litigation – since its policy removed co-governance as a feature. Not Upheld: Accuracy...

Decisions
Jarvis and Television New Zealand Ltd - 2021-135 (20 December 2021)
2021-135

The Authority has not upheld a complaint that a 1 News Covid Update broadcast breached the balance and accuracy standards by featuring modelling of the current COVID-19 outbreak provided by Professor Shaun Hendy. The Authority found the balance standard was not breached. While the item discussed the topic of COVID-19 modelling, which is a controversial issue of public importance, it was clearly signalled as approaching the topic from a particular perspective. Viewers could also reasonably be expected to be aware of alternative views from other coverage.  The accuracy standard was not breached as the modelling was analysis, comment or opinion and so was not subject to the standard. Not Upheld: Balance, Accuracy...

Decisions
Hayball and Television New Zealand Ltd - 1997-013
1997-013

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-013 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C G HAYBALL of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Canterbury Health Ltd and Television New Zealand Ltd - 1998-104
1998-104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Mustapic and Television New Zealand Ltd - 2024-037 2 September 2024)
2024-037

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

Decisions
Cleary and Talacek and TVWorks Ltd - 2008-125
2008-125

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 – 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 9 September 2008 episode, broadcast at 7. 30pm on TV3, featured a woman named Carolyn. The Downsize Me!...

Decisions
Grieve and Television New Zealand Ltd - 2010-017
2010-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the new Emissions Trading Scheme reported that “farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030” and that “agriculture is our biggest polluter” – allegedly inaccurate FindingsStandard 5 (accuracy) – acceptable shorthand for communicating a scientific concept to the audience – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 18 November 2009, discussed the Government’s new Emissions Trading Scheme. The news presenter introduced the item by saying: Farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030. The Prime Minister says the Agricultural Sector must pay its share under the Emissions Trading Scheme....

Decisions
Reekie and Television New Zealand Ltd - 2009-026
2009-026

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Decisions
Burt and Radio New Zealand Ltd - 2006-081
2006-081

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – news item reported developments on the decision by the Nelson-Marlborough District Health Board (NMDHB) to end its contract with the Nelson Diagnostic Laboratory – reported statement from the planning and funding general manager for the NMDHB that Medlab South had undertaken to employ all 42 current staff members – allegedly inaccurateFindingsPrinciple 6 (accuracy) – did not make a statement of fact about re-employment – accurately reported the statement from the DHB representative – not upheldThis headnote does not form part of the decision. Broadcast [1] A news item broadcast on National Radio at midday on 8 June 2006 reported on the decision by the Nelson-Marlborough District Health Board (NMDHB) to end its contract with the Nelson Diagnostic Laboratory....

Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018
2012-018

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Decisions
Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll referred the 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....

Decisions
Dickson and Television New Zealand Ltd - 2017-003 (15 May 2017)
2017-003

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item....

Decisions
Williams and Wilkinson and TVWorks Ltd - 2009-113
2009-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six cafés in Auckland – stated that food sample from Café Cézanne had tested positive for faecal coliforms which “could make you very sick” – sample had been incorrectly labelled and it was later discovered that it did not come from Café Cézanne – in the meantime broadcaster broadcast an apology (in following episode) that did not exclude possibility that sample came from Café Cézanne – both programmes allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – serious allegation that Café Cézanne’s food was contaminated with faecal coliforms was broadcast without verifying or checking results – sample did not come from Café Cézanne – apology was also inaccurate and inadequate to rectify the breach – upheld Standard 6 (fairness) – broadcaster did not give the complainants a fair and reasonable opportunity to respond because they were not…...

Decisions
University of Auckland and Radio Pacific Ltd - 1998-141
1998-141

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

Decisions
McDonald and Television New Zealand Ltd - 2005-012
2005-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

Decisions
Road Transport Forum New Zealand Inc and CanWest TVWorks Ltd - 2005-100
2005-100

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – reasonable opportunities given to present significant points of view – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Mr Friedlander of the Road Transport Forum NZ – not upheldThis headnote does not form part of the decision. Broadcast [1] An item called “High Way” on 60 Minutes broadcast on TV3 at 7. 30pm on 20 June 2005 investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake....

Decisions
Wellington City Council and Radio New Zealand Ltd - 2007-056
2007-056

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

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