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Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
Harrison and Television New Zealand Ltd - 2009-072
2009-072

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....

Decisions
White and Television New Zealand Ltd - 2001-093
2001-093

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

Decisions
Golden and Television New Zealand Ltd - 2012-115
2012-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Decisions
Clarke and Television New Zealand Ltd - 2003-042
2003-042

ComplaintOne News – drug related death of a Timaru youth – item implied that suspected overdose was a result of marijuana use – misleading – inaccurate FindingsStandard 5 and Guidelines 5a & 5b – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An item concerning the death of a Timaru youth who died of a suspected drug overdose was broadcast on One News at 6pm on Saturday 25 January 2003. The focus of the item was an interview with the father of the youth, who spoke of his son’s addiction to marijuana, his getting in with a "bad crowd" and his dependence on "drugs and alcohol". [2] Chris Clarke complained to Television New Zealand Ltd, the broadcaster, that the item left the viewer with the impression that the youth’s death was the result of an overdose of marijuana....

Decisions
Raj and Triangle Television Ltd - 2011-125
2011-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Zindagi Forever – programme featured stage-set musical performance – song lyrics made references to God – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – standards not applicable as not a news, current affairs or factual programme – programme wholly opinion-based and explored religious beliefs – not upheld Standard 6 (fairness) – Hinduism a religious tradition and not an individual or organisation to which the standard applies – not upheld This headnote does not form part of the decision. Introduction [1] Zindagi Forever, a religious programme, was broadcast on Triangle TV on 17 September 2011. The programme featured a stage-set musical performance in which the song lyrics (in Hindi with English subtitles) made various references to God....

Decisions
Arnesen and Television New Zealand Ltd - 1997-100, 1997-101
1997-100–101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
Dickson, Dunlop and McMillan and TV3 Network Services Ltd - 1998-025, 1998-026, 1998-027
1998-025–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Decisions
Jackson and TV3 Network Services Ltd - 1999-198
1999-198

Summary An incident involving a BB pistol was the subject of the lead news item on Nightline on 27 April 1999. It was reported that there had been "another school shoot-up" and that a student had been "caught up in the fury of the armed confrontation". The school’s principal had not been forthcoming when asked about the incident, according to the report. Mr Jackson, Editor of the Northland Age newspaper, complained to TV3 that its coverage of the incident was inaccurate and sensationalist and bore no relationship to the actual event which occurred. In his view, the reporter had elected to embellish the facts, despite having been given an accurate account of what had happened. He also objected to the report’s contention that the school’s principal had not been forthcoming when asked to comment....

Decisions
Burnby and Television New Zealand Ltd - 2009-157
2009-157

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about large-scale animal neglect on a farm owned by one of New Zealand’s largest dairy producers – included footage of the complainant – allegedly inaccurate, unbalanced and unfair FindingsStandard 5 (accuracy) – viewers would not have been misled into believing the complainant was involved with animal cruelty on the farm – item accurate on material points of fact – majority – not upheld Standard 6 (fairness) – parts of the item borderline, but fair overall – complainant given adequate opportunity to respond – complainant’s behaviour contributed to the way in which she was portrayed – majority – not upheld This headnote does not form part of the decision....

Decisions
Cosmetic, Toiletry & Fragrance Association of NZ Inc and Television New Zealand Ltd - 2007-082
2007-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Decisions
Green Society and MAI FM Limited - 1996-129
1996-129

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-129 Dated the 9th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GREEN SOCIETY Broadcaster MAI FM LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Gadd and TV3 Network Services Ltd - 1994-099
1994-099

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BERNARD GADD of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Butchart and TV3 Network Services Ltd - 1999-048
1999-048

SummaryAn item on 3 News, broadcast on TV3 on 9 February 1999 beginning at 6. 00pm, referred to a contest to conceive the first child of the new millennium. Among other matters, the presenter referred to "the first of January 2000", in describing the contest. Mr Butchart complained to TV3 Network Services Ltd, the broadcaster, that the statements were totally untrue. He said the next millennium begins with the first day of January 2001. He sought a correction of what he called the untrue statements. TV3 agreed that the third millennium did not commence in fact until 1 January 2001. However, it wrote, the official millennium programme in New Zealand would run from 1999 until 2001. Its programme therefore recognised that both the popular celebration date of 1 January 2000 and the actual date of 1 January 2001 deserved to be noted....

Decisions
The Warehouse Ltd and Television New Zealand Ltd - 1993-065
1993-065

Download a PDF of Decision No. 1993-065:The Warehouse Ltd and Television New Zealand Ltd - 1993-065 PDF467. 48 KB...

Decisions
Ridley-Smith and Radio New Zealand Ltd - 2012-102
2012-102

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…...

Decisions
Hutchison and Television New Zealand Ltd - 2013-002
2013-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on couple's experience with the complainant, a mechanic – included disputed claims about couple's dealings with mechanic – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item created negative impression of the complainant but he was provided with a fair opportunity to comment and his response was fairly presented in the item – complainant treated fairly – not upheldStandard 5 (accuracy) – claims presented as couple's interpretation and opinion of events, not points of fact (guideline 5a) – viewers would have understood that claims were one side of the story and were disputed by the complainant so they would not have been misled – not upheld This headnote does not form part of the decision....

Decisions
Phair and Radio One - 2011-140
2011-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Decisions
Malone and Mediaworks TV Ltd - 2019-087 (4 February 2020)
2019-087

The Authority did not uphold a complaint that the use of the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ in a Newshub segment that reported on these products, their availability and the fact they have been responsible for a large number of deaths in New Zealand recently breached the accuracy standard. The Authority found that while these products do not contain actual cannabis, the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ are commonly used to describe them, both by agencies like the Ministry for Health and the NZ Drug Foundation, and also by the media. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by their use in this broadcast. Not Upheld: Accuracy...

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