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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-094 Decision No: 1996-095 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLIED MUTUAL INSURANCE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-063 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROGER HELM of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryAccording to a news item broadcast on National Radio on 30 October 1998 at 9. 00pm, those who escaped from a fire in Sweden included refugees from Macedonia and Somalia. The secretary of the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate and untruthful. Furthermore, it complained, the bulletin was an outright lie, as there were no refugees from Macedonia. The Community argued that the item was unbalanced and unfair because it favoured those who were of the view that the Former Yugoslav Republic of Macedonia could legitimately be called Macedonia. RNZ responded that it had received complaints on previous occasions regarding the use of the name Macedonia, and that it had nothing further to add to its previous responses....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....

ComplaintHolmes – lifting of moratorium on commercial release of genetically modified organisms – studio debate – “Trust and Country Image” report discussed – complainant maintained he accurately quoted report – presenter allegedly misrepresented report – presenter allegedly unfairly criticised complainant Findings Standard 5 – presenter’s introductory statement on report inaccurate – upheld Standard 5 – presenter’s criticism a question of fairness, not accuracy – issue considered under Standard 6 Standard 6 – presenter’s vehement interjection amounted to accusation of deliberate misrepresentation – content, manner and tone of interjection an unfair overreaction – upheldNo OrderThis headnote does not form part of the decision Summary [1] An item broadcast on Holmes on TV One on 23 October 2003 dealt with the lifting of the moratorium on the commercial release of genetically modified organisms....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item reported that a group described as Te Aukiwa Farm shareholders were evicting farm hands employed by the Office of Treaty Settlements and had requested police assistance – broadcaster upheld complaint that item was inaccurate – apologised to complainant and offered on-air apology and correction – complainant dissatisfied with the offer Findings Action taken – sufficient – broadcaster nevertheless encouraged to carry out the action it had undertaken – not upheld This headnote does not form part of the decision. Broadcast [1] An ongoing dispute about ownership of the farm block, Te Aukiwa Farm (Stoney Creek Station) 12km south of Mangonui, was dealt with on an item on Te Karere, broadcast on TV One at 4. 45pm on 15 September 2006, and repeated at 6. 10am on 16 September....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included Colmar Brunton poll results on the percentage of party votes for major political parties – results did not take account of “undecided voters” – allegedly inaccurateFindingsStandard 5 (accuracy) – omission of undecided voters not material given the focus and context of the item which was the decline in the level of support for the National Party – potential harm in terms of impact on voter participation was not significant given the length of time until next general election – viewers would not have been misled in any material respect – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-117:Kerr and TV3 Network Services Ltd - 1993-117 PDF494. 67 KB...

The Authority has not upheld a complaint concerning an interview on Breakfast. In a discussion concerning Prime Minister Christopher Luxon’s State of the Nation speech, the host stated to ACT Party Deputy Leader Brooke van Velden ‘You mentioned that, division was from the previous Government. I mean, come on, you look at the Treaty of Waitangi. You must be able to read the room in terms of how the nation is feeling towards that Bill by your party. ’ The complainant considered the host’s implication that this division was caused by ACT’s Treaty Principles Bill was inaccurate, unbalanced and unfair. The Authority found that the question was comment, analysis or opinion to which the accuracy standard did not apply. The other standards either did not apply or were not breached. Not Upheld: Accuracy, Balance, Fairness...

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....

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...

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...

In an episode of Seven Sharp, host, Hilary Barry, interviewed a woman with type one diabetes about an encounter she had with waitstaff at a restaurant when eating food brought from home. The Authority did not uphold a complaint that the broadcast breached the accuracy standard (by giving viewers the impression that kumara salad can treat hypoglycaemia). The Authority was satisfied that a reasonable viewer was not likely to be misled by the broadcast into thinking that kumara salad is a treatment for hypoglycaemia. Not Upheld: Accuracy...

The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines, and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or to determine her personal view on the topic....