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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with medical researcher about the effectiveness of treatment by chiropractors – allegedly inaccurate FindingsStandard 5 (accuracy) – programme presented researcher as authoritative – he made a number of inaccurate statements – upheld No Order This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 9 March 2009, one of the presenters interviewed a medical researcher, Dr Shaun Holt, about the effectiveness of chiropractors. Dr Holt said that chiropractors were “as good as conventional medicine” for treating back pain, although conventional medicine was not particularly effective because back pain was very hard to treat. He said “by all means see a chiropractor, they may well help,” but that many claimed to treat other medical conditions and research showed that chiropractic was not beneficial for those conditions....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

The Authority has not upheld a complaint about an item on 1 News covering police brutality in the United States of America and comments made by its President Donald Trump about deceased victim of police brutality, George Floyd. The item reported Mr Trump was ‘copping more flack’ for his comments and that, ‘celebrating better than expected employment numbers, he bizarrely called it a great day for George Floyd’. To the extent the broadcast may be considered inaccurate or misleading for suggesting an incorrect interpretation of Mr Trump’s comments, the Authority found it was not material. The Authority also considered Mr Trump is a high profile politician and public figure and could have reasonably expected to be subject to such scrutiny. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint about an item on 1 News which reported on the shooting of Jacob Blake by police and the subsequent protests that occurred. The complainant argued the item included false statements, and omitted relevant background information about the incident and about Mr Blake. The Authority found the statements made were not materially inaccurate and were unlikely to mislead viewers in the context, given the wide coverage and commentary available at the time. The Authority also found the omitted background information was not material to the matters reported. The Authority found the balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

An episode of The Panel included an interview with a professor from the department of preventive and social medicine, whose focus is respiratory epidemiology, about his research on the effects of smoking cannabis on the lungs. The Authority did not uphold a complaint that the interview breached the accuracy and balance standards. The Authority did not consider the accuracy standard applied as the interview was a short conversation about the findings of the study where the interviewee was clearly giving his own perspective and analysis, having conducted his own research on the topic. The Authority accepted that the wider debate about cannabis legalisation is a controversial issue of public importance, of which the interview was narrowly focussed on one aspect (the alleged health effects)....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....

Summary[This summary does not form part of the decision. ]An item on RNZ’s Midday Report bulletin reported on increases in the price of butter and dairy products, and the impact of this on small food businesses in particular. The item included the statement: ‘The demand for butter has soared worldwide since scientists debunked research linking animal fats with heart disease. ’ The Authority did not uphold a complaint that this statement breached the balance and accuracy standards. The Authority found that, as the statement was peripheral to the focus of the item, the broadcaster was not required in the interests of balance to present alternate viewpoints on the statement, and the statement was unlikely to significantly affect the audience’s understanding of the item as a whole....

The Authority did not uphold an accuracy complaint about a 1 News item on the use of interlocking concrete blocks to curb coastal erosion on the West Coast. The complaint was that the item inaccurately referred to the location shown in the clip as Granity, rather than Hector, which devalues property in Granity. Given longstanding concerns about coastal erosion spanning across three towns within a small geographical area, including Granity, the Authority did not find any material inaccuracy likely to significantly affect the audience’s understanding of the item as a whole.   Not Upheld: Accuracy...

The Authority has declined to determine two complaints on the basis they were trivial – one about a teaser for a Nights interview that allegedly mispronounced ‘Rhondda’, and one about a Checkpoint item that referred to England instead of the United Kingdom during a discussion about educational achievement of countries in the Organisation for Economic Co-operation and Development (OECD). Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported that Nicholas Keesing undertook an election smear campaign “to get revenge” – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld complaint under Standards 5 and 6 – action taken allegedly insufficient Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) and Standard 6 (fairness) – broadcaster upheld complaint under two standards and offered corrective statement – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A news item broadcast on Newstalk ZB at 12pm on 23 November 2008 reported that “Newstalk ZB can now reveal what lies at the bottom of a smear campaign, in one of the country’s key electorates during the Election....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eye to Eye – host asked his guests whether the Labour or Māori Party candidate would win the seat of Tai Tokerau in the upcoming election – did not mention a third candidate for the electorate – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate – not upheldThis headnote does not form part of the decision. Broadcast [1] During Eye to Eye, broadcast on TV One at 9. 30am on 5 February 2005, the host asked his two female guests whether Dover Samuels (Labour Party) or Hone Harawira (Māori Party) would win the seat of Tai Tokerau in the upcoming election....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....