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Decisions
Marr & Robinson and NZME Radio Ltd - 2018-080 (16 January 2019)
2018-080

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Decisions
Parker and MediaWorks TV Ltd - 2019-069 (16 December 2019)
2019-069

In an episode of The AM Show, host, Duncan Garner, interviewed economist Cameron Bagrie on the topic of dropping interest rates. During the interview, Mr Bagrie commented regarding the risk of people no longer putting money in the bank, saying, ‘the banks need the money in the bank, because they gotta … get a dollar in the door before they can put the money out the door in the form of a loan. ’ The Authority did not uphold the complaint that the item breached the accuracy standard. The Authority found that Mr Bagrie’s statement was clearly distinguishable as analysis, comment or opinion so the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
van der Merwe and Mediaworks TV Ltd - 2019-015 (24 June 2019)
2019-015

The reality television series, Harnas Wildlife Rescue Camp, profiles various workers and volunteers and their day-to-day activities at the Harnas Wildlife Foundation (Harnas) in Namibia. The Authority did not uphold a complaint that Harnas was being misleadingly promoted through the programme as an ethical wildlife sanctuary, when in the complainant’s view, the facility and conditions were inhumane. The Authority found that the programme was presented as a slice-of-life, observational documentary, which did not shy away from presenting difficult material and the challenges facing Harnas. As such, viewers were shown the conditions at Harnas and were provided with sufficient information to make up their own minds about the welfare of the animals. On this occasion therefore, the harm alleged to have been caused did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

Decisions
McDonald and Television New Zealand Ltd - 2016-021 (25 July 2016)
2016-021

Summary[This summary does not form part of the decision. ]An item on ONE News reported that a recent avalanche in the Austrian Alps had killed five skiers. The presenter stated the avalanche was ‘reported to be two kilometres wide and five kilometres high’. A second item on ONE News discussed plans for a new dairy factory in Northland. The reporter said, ‘He’s [farmer interviewed] been in the dairy industry for two years and has record low pay-outs, the latest forecast at around four dollars’. The Authority did not uphold a complaint that the reference to the avalanche being ‘five kilometres high’ and the reference in the dairy item to a ‘Fonterra pay-out of $4 per annum’ were inaccurate and misleading....

Decisions
EJ, Oughton & Gulf Harbour Healthcare Ltd and Television New Zealand Ltd - 2019-035 (29 October 2019)
2019-035

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Decisions
Kirby and Television New Zealand Ltd - 1995-013
1995-013

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 13/95 Dated the 9th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN KIRBY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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
Gee and Television New Zealand Ltd - 1995-087
1995-087

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Lubetzky and Television New Zealand Ltd - 2010-103
2010-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – footage of a man throwing a rock and of another man bleeding shown during discussion of Ms Enchmarch’s previous attempt to get aid to Gaza by land – allegedly inaccurate FindingsStandard 5 (accuracy) – footage subject to complaint did not constitute a material point of fact to which the standard applied and was not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Decisions
Credo Society Inc and Radio New Zealand Ltd - 2000-034
2000-034

SummaryA segment of Sunday Supplement included an opinion piece by a contributor called James Macky. He commented at length on a newspaper column captioned "If gay is the answer, what’s the question". The programme was broadcast on National Radio on 22 August 1999 between 8. 45–9. 00am. The Credo Society Incorporated, through its secretary Mrs Barbara Faithfull, complained to Radio New Zealand Ltd, the broadcaster, that the segment was biased and contained unfair and inaccurate comment. The speaker employed deceitful means by using an assumed name, Mrs Faithfull wrote, and the effect of that was to mislead listeners about the speaker’s credibility. RNZ responded that the segment was an opinion piece in Sunday Supplement which was a programme of review and opinion....

Decisions
Wallis and TVWorks Ltd - 2011-073
2011-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on attempted rescue of surfing students being instructed by the complainant – showed confrontation between the complainant and members of the Piha Surf Lifesaving Club – reporter stated that “the first thing that [the Department of Labour] will find is that he is not even a registered surf instructor” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – accurate to say that complainant was not registered – implication was not that he had acted illegally, but that he had not demonstrated best practice – item contained clear comments from the complainant and from the school that he had not done anything wrong – viewers would not have been misled – not upheld Standard 6 (fairness) – item fairly presented complainant’s response – complainant treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Decisions
Radley and Angus and Television New Zealand Ltd - 2011-142
2011-142

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

Decisions
Souness and TVWorks Ltd - 2010-144
2010-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on damage caused by Christchurch earthquake – showed footage of poultry shed – news reader stated “And this is a destroyed battery hen farm, home to 26,000 chickens. Animal rights activists say that up to a third of them were trapped and suffocating” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement a material point of fact – said that chickens were “suffocating” not that they had “suffocated” – not upheld Standard 6 (fairness) – complainant and farm not identified – item did not reflect badly on complainant – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 September 2010, reported on the large scale damage caused by the Christchurch earthquake....

Decisions
Henderson and Television New Zealand Ltd - 2013-053
2013-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

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
Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072
1992-072

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

Decisions
Graf and Radio New Zealand Ltd - 2019-071 (16 December 2019)
2019-071

The Authority did not uphold a complaint that an interview on Morning Report with Martin Sellner, the leader of an Austrian far-right group, was unbalanced or misleading. Interviewer Corin Dann questioned Mr Sellner on the donation he had received from the alleged Mosque attacker and Mr Sellner’s choice to give some of the money to Victim Support, a charity assisting victims of the Mosque attacks. In response to other questions, Mr Sellner also provided some comment regarding his ideologies. During the interview, Mr Dann questioned whether Mr Sellner had a role in radicalising the alleged attacker and whether Mr Sellner felt any responsibility for the attacks. The Authority found that the balance standard was not breached considering the clear approach of the broadcast, focussing on the perspective of Mr Sellner, the introduction prior to the interview and Mr Dann’s questioning of Mr Sellner....

Decisions
Guthrie and Television New Zealand Ltd - 2019-090 (9 March 2020)
2019-090

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...

Decisions
Elliott and Television New Zealand Ltd - 2018-096 (4 February 2019)
2018-096

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....

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