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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-050 Decision No: 1998-051 Decision No: 1998-052 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Bert Potter – programme was a case study of Bert Potter based on analysis by a clinical psychologist and recollections of former members of his Centrepoint commune – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programme was a case study by psychologist of Bert Potter and his involvement in Centrepoint – historical interest for viewers but no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccurate points of fact – programme would not have misled viewers – not upheld Standard 6 (fairness) – no individuals or organisations treated unfairly – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...
Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – news item – question in Parliament about National Party leader Dr Brash’s previous interest in Treaty of Waitangi and racial issues – impression said to be left that he had never raised such concerns previously – allegedly inaccurateFindings Principle 6 (accuracy) – news item showed leader of New Zealand First and the Prime Minister “ganging up” on leader of the National Party – Parliamentary question reported accurately – not upheld This headnote does not form part of the decision. Broadcast [1] A question in Parliament from the leader of New Zealand First to the Prime Minister about the leader of the National Party’s previous concerns about the Treaty of Waitangi and race issues, before his recent Orewa speech, was the lead item on the news on Newstalk ZB broadcast at 5. 00pm on Wednesday 25 February 2004....
Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....
ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....
The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...
A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...
The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...
The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...
Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 11 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading by inferring that there are dead possums and pigs in waterways as a result of 1080, and also by implying that 1080 is deliberately dropped into waterways....
The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...
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...
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...
The Authority has declined to determine a complaint, under the accuracy standard, about an item on Newshub Live at 6pm. The complainant alleged that analysis of a New Zealand political poll, including a translation of the poll results into seats in Parliament and the statement Labour ‘no longer governs alone’, was misleading, noting it was just a poll and Labour has a Co-operation Agreement with the Green Party. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...
In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...
The Authority1 has not upheld a complaint concerning a news item reporting on a road safety seminar in which experts had voiced support for reducing speed limits, in the context of the Government’s decision to stop blanket speed reductions. The complainant considered information provided by road safety experts and others during the item was inaccurate and misleading, and that the item lacked balance. The Authority found no breach of the accuracy standard, noting that broadcasters are entitled to rely on information conveyed by reputable experts. It also found no breach of the balance standard, noting the broadcast sufficiently presented alternative viewpoints in the circumstances. Not Upheld: Accuracy, Balance...
The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....
The Authority has not upheld a complaint about a Radio New Zealand report which indicated a run of hot days in Hamilton was probably unprecedented. The complainant provided records from the 1930s, suggesting Hamilton had previously experienced a heatwave of greater duration and intensity. He argued the broadcast was inaccurate and, when notified of the previous heatwave, RNZ had taken insufficient actions to correct any misleading impressions. The Authority found the statements complained about were analysis, comment or opinion to which the standard does not apply and, in any event, did not result in the broadcast being misleading. Not Upheld: Accuracy...