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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-182 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND FIRE SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

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(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigating forced child marriages in New Zealand – contained interviews with a girl who said she was forced to marry a man who raped her, a representative from an organisation that provides refuge for migrant women, and the president of the Federation of Islamic Associations of New Zealand – allegedly in breach of accuracy, fairness, and discrimination and denigration standardsFindingsStandard 5 (accuracy) – comments made by interviewees were opinion and exempt from the accuracy standard under guideline 5a – item made it clear that the problem of forced child marriages was a cultural issue – viewers not misled – not upheldStandard 6 (fairness) – individuals and organisations taking part and referred to treated fairly – not upheldStandard 7 (discrimination and denigration) – item did not encourage denigration of, or discrimination against, Muslims – not upheldThis headnote does not form…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-110 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN MOIR of Dunedin TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Erin Simpson Show – lyrics of song performed by New Zealand band on the show – allegedly in breach of good taste and decency and accuracy standards FindingsStandard 1 (good taste and decency) – lyrics were oblique – teenagers more likely to be watching than young children – acceptable in G programme – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – complainant did not identify any inaccurate statements – not likely to have alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Erin Simpson Show, a programme aimed at teenagers and containing a mixture of interviews, band performances, and information about the latest games, technology, TV and movies, was broadcast at 4. 30pm on TV2 on Tuesday 5 May....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

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. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – news item referring to previous evening's TV3 programme entitled Let Us Spray – discussed a serum study investigating exposure to dioxins among residents of Paritutu – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – subsumed into consideration of Standards 5 and 6Standard 5 (accuracy) – three inaccurate statements – upheldStandard 6 (fairness) – unfair to ESR – upheldOrdersSection 13(1)(a) – broadcast statement Section 16(1) – costs to ESR $3,000 Section 16(4) – costs to the Crown $2,500This headnote does not form part of the decision....

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Truth Radio – host made statements about ChildFund and other child sponsorship organisations – allegedly inaccurateFindings Principle 6 (accuracy) – comments made by host were clearly distinguishable as opinion – accuracy standard did not apply – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item broadcast on Radio Pacific’s Truth Radio programme on 28 March 2007, the host John Banks made some comments regarding child sponsorship organisations. The host had taken a call from a listener who wanted to discuss how the organisation Child Fund New Zealand operated. [2] In relation to ChildFund’s operations the host said that it was a: . . ....

Complaint3 News – map used as backdrop factually inaccurate/misleading – New Zealand depicted as same length as north/south axis of Australia FindingsStandard G1 – graphic – not a fact – no uphold Standard G14 – not news – no uphold This headnote does not form part of the decision. Summary The graphic which forms the backdrop to 3 News features a map of the world with New Zealand depicted as being the same length as the north/south axis of Australia. D J Hamilton complained to TV3 Network Services Ltd, the broadcaster, that the map was factually inaccurate. He said it could be "subconsciously misleading" to students of geography and to the viewing public. TV3 responded that it did not consider the accuracy or otherwise of the studio backdrop to raise any issue of broadcasting standards. The broadcaster said the backdrop did not purport to be a fact....

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 Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

ComplaintInside New Zealand – theft in the workplace – privacy – unfair – police diversion scheme – inaccurateFindingsPrivacy – no identification – no private facts – no uphold Standards G1, G3, G4, G5, G6, G7, G14, G16 and G19 – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary entitled "Stealing on the Job" was broadcast on TV3 on 23 August 2000 at 8. 30pm. Hidden camera footage showed employees in various workplaces stealing money from their employers. Promos for the programme were shown in the days preceding the broadcast. R, the father of one of those filmed, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his son’s privacy had been breached by the broadcast of the programme and the promos for it....