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Download a PDF of Decision No. 1991-006:Dewar and TV3 Network Services Ltd - 1991-006 PDF407. 29 KB...

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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with Garth McVicar from the Sensible Sentencing Trust regarding a 21- month prison sentence given to a man found guilty of illegally selling his large gun collection on the black market – discussion about whether sentences in New Zealand were long enough – allegedly unbalanced Findings Standard 4 (balance) – item discussed a controversial issue of public importance – viewers only provided with one significant viewpoint – upheld No Order This headnote does not form part of the decision. Broadcast [1] A segment during Breakfast, broadcast on TV One at 7. 10am on Thursday 18 December 2008, included an interview with Garth McVicar from the Sensible Sentencing Trust. The interview focused on the previous day’s sentencing of a man to 21 months imprisonment for illegally selling his large gun collection on the black market....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Download a PDF of Decision No. 1990-029:O'Neill and Television New Zealand Ltd - 1990-029 PDF1. 33 MB...

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

ComplaintRadio Waatea – Liberation Talkback – caller advocated "illegal use of armed force" by Maori to achieve political goals – incitement – host supported caller’s view Findings(1) Principle 8 – warning (2) Principle 2 – broadcaster did not encourage breaking the law – no uphold (3) Principle 4 – talkback format allowed reasonable opportunity to present significant views on issues discussed – no uphold This headnote does not form part of the decision. Summary [1] Liberation Talkback was broadcast on Radio Waatea between 8. 00pm and 11. 00pm on 15 October 2001. Liberation Talkback is a talkback programme broadcast weekly on Radio Waatea. [2] R D Hutchins complained to Radio Waatea, a radio station broadcast by UMA Broadcasting Ltd (the broadcaster), that a caller to the programme had said "if it means getting the gun, I don’t care"....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item examining the firearms licensing system and whether it was “too easy to get your licence” – showed hidden camera footage of volunteers taking firearms safety test – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – majority considers item failed to properly explain the place of the firearms safety test within the entire licensing scheme – viewers deprived of a significant perspective on whether it was too easy to obtain a firearms licence in New Zealand – majority uphold Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – item did not denigrate or treat MSC instructors unfairly – licensed firearms-holders not a “section of the community” as envisaged by the guideline – not upheld No Order This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-190 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MEDIA DIRECTOR - THE ALLIANCE (JOHN PAGANI) Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary Auckland’s controversial Britomart development was the subject of discussion on John Banks’ talkback programme on Radio Pacific broadcast on 30 July 1999 between 6. 30–7. 30am. Mr Banks, an opponent of the project, suggested that the developer, Mr Lu, should return to his home country in Asia. He said "we don’t want to pour our money down your loo Mr Lu. " Savoy Equities Ltd, on behalf of Mr Lu, complained to Radio Pacific Ltd, the broadcaster, that the comments made were personally abusive and insulting, and incited hostility towards Chinese and Singaporeans. It contended that the host’s remarks were aggravated by what it called his ignorance of the facts. Radio Pacific responded that Mr Lu had been offered the opportunity to respond on-air at the time, but had declined....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – reported reaction of recreational groups and farmers to recommendations made by the government’s Walking Access Consultation Panel – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item would not have misled viewers – not upheld Standard 4 (balance) – did not discuss a controversial issue of public importance – balance standard did not apply – 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 March 2007, discussed the release of the recommendations made by the government’s Walking Access Consultation Panel....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

ComplaintCheckpoint – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsPrinciple 4 – MP given right to reply to criticism – no uphold Principle 5 – MP not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item broadcast on Checkpoint on National Radio at 5. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained....