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Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Decisions
Garrett and Television New Zealand Ltd - 2016-084 (10 February 2017)
2016-084

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Decisions
Sanders and Television New Zealand Ltd - 2017-021 (30 June 2017)
2017-021

Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....

Decisions
Waqanivala and Radio Voqa Kei Viti Aotearoa - 2017-046 (28 November 2017)
2017-046

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Decisions
Golden and Radio New Zealand Ltd - 2019-027 (29 October 2019)
2019-027

The Authority has declined to determine a complaint that a broadcast covering the name change of an investment and advisory group from ‘First NZ Capital’ to ‘Jarden’ was inaccurate finding that the complaint was frivolous, trivial and vexatious. The Authority ordered the complainant to pay a reasonable portion of costs to the broadcaster to compensate for the time and resources spent in dealing with the complaint. Declined to Determine: Accuracy Order: Section 16(2)(a) – $200 costs to the broadcaster...

Decisions
Arps and Television New Zealand Ltd - 2019-073A (7 May 2020)
2019-073A

The Authority did not uphold a complaint that a 1 News segment breached the discrimination and denigration and balance standards. The Authority found that people who hold the views represented in the segment do not amount to a ‘recognised section of the community’ for the purposes of the discrimination and denigration standard. The Authority also found that, while the broadcast discussed a controversial issue of public importance, it was balanced by the inclusion of multiple points of view from several parties. Not Upheld: Discrimination and Denigration, Balance...

Decisions
McCaughan and Discovery NZ Ltd - 2020-165 (25 May 2021)
2020-165

The Authority did not uphold a complaint that the phrase ‘pissed off’ in the opening to a news item breached the good taste and decency and children’s interests standards. The phrase was unlikely to cause widespread undue offence or cause specific harm to a child audience. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Insley & Soryl and Television New Zealand Ltd - 2015-028
2015-028

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Association for Independent Research Inc and Television New Zealand Ltd - 2013-059
2013-059

Summary [This summary does not form part of the decision. ]An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful. The Authority did not uphold the complaint that the comment that ‘the European Union’s recommended standard… is even more stringent than the standard here’, and the accompanying graphic, were inaccurate. Taken in the context of the whole item, the statement was sufficiently clarified so viewers would not have been misled. The key message was that air pollution is a serious problem impacting on public health, so New Zealand should consider adopting standards applied in other countries, not currently applied here. Not Upheld: Accuracy Introduction[1] An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful....

Decisions
Clough and Television New Zealand Ltd - 2022-053 (2 August 2022)
2022-053

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

Decisions
Malcolm and Others and Television New Zealand Ltd - 1994-068
1994-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
The Monarchist League of New Zealand Inc and TV3 Network Services Ltd - 1997-149
1997-149

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-149 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE MONARCHIST LEAGUE OF NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Horlor and TV3 Network Services Ltd - 2000-196, 2000-197
2000-196–197

Complaint3 News – items on black market trade in illegal cars – tax evasion – inaccurate interpretation of Motor Vehicle Dealers Act – partial – victimised businesses/individuals FindingsG14 – more than one view of Motor Vehicle Dealers Act - not inaccurate – no victimisation – no uphold G19 – editing not a distortion of events – no uphold This headnote does not form part of the decision. Summary Items on 3 News broadcast on TV3 on 9 and 10 October 2000 dealt with what appeared to be a flourishing "black market" trade in motor vehicles by unlicensed dealers. According to the items, illegal sellers were evading tax, and people who bought cars from them were not covered by consumer protection legislation. Ken Horlor complained to TV3 Network Services Ltd, the broadcaster, that the items were unbalanced, untruthful and victimised individuals and businesses trading legally....

Decisions
New Zealand Chiropractors' Association and Television New Zealand Ltd - 2009-058
2009-058

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....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Anonymous and Television New Zealand Ltd - 2004-106, 2004-107
2004-106–107

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

Decisions
Leonard and Television New Zealand Ltd - 2003-089
2003-089

Complaint One News – war in Iraq – weapons of mass destruction described as cause of the war – inaccurate FindingsStandard 5 – expression of opinion – no uphold This headnote does not form part of the decision. Summary [1] Weapons of mass destruction were described as the "whole cause" of the war in Iraq in a news item reporting on the day’s events in Basra, broadcast on One News at 6. 00pm on 8 April 2003. [2] Bill Leonard complained to Television New Zealand Limited, the broadcaster, that the statement was inaccurate and should have been introduced with the words, "The US claims that …". [3] In response, TVNZ contended that the true causes of any war required an historical perspective. It also argued that the reporter advanced the claim with some scepticism....

Decisions
Perry and Television New Zealand Ltd - 1990-015
1990-015

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

Decisions
Zero Commission NZ Ltd and The Radio Network Ltd - 2014-126
2014-126

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

Decisions
Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)
2016-092

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

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