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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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-014 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT in Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-089 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TOM FREWEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-003 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TONY SIMPSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Summary An item entitled "Prisoner of Law" examined the situation of a solo New Zealand mother who had given birth to a child in Sydney. It explained that in order to maintain custody of her child, she was required by the Australian Family Court to live in Sydney. The programme was broadcast on TV3’s 20/20 at 7. 30pm on 13 June 1999. Mr Tichbon complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced. It contravened the standards, he wrote, as the father was not asked for his perspective. Furthermore, Mr Tichbon added, the father was secretly filmed at the handover of the child. Explaining that the intention of the item was to illustrate the mother’s predicament and to question the law, TV3 denied that the father was vilified or portrayed as a bad father....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Edwards at Large – interview with complainant – interviewee ambushed into taking part – unfair, partial and unbalanced FindingsStandard 4 – interview not unbalanced – no upholdStandard 6 – complainant adequately informed of the reason for her contribution and the role expected of her – conduct of interview not unfair – no uphold This headnote does not form part of the decision Summary [1] Lynley Hood was interviewed by Brian Edwards on Edwards at Large about the content of her book “A City Possessed: the Christchurch Civic Crèche case”. The programme was broadcast on TV One at 9. 35pm on Saturday 16 August 2003. [2] Ms Hood complained to Television New Zealand Ltd, the broadcaster, that the item was neither balanced nor impartial and that she had been ambushed into participating in the interview....

ComplaintInsight – item on the monarchy versus republic debate – unbalanced – unfair presentation – factual inaccuracies FindingsPrinciple 4 – range of views presented – no uphold Principle 5 – Dr Mann of the Monarchist League not dealt with unfairly – no uphold Principle 6 – no inaccuracies – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme dealing with support for a monarchy and republicanism was broadcast on National Radio on Sunday 17 February 2002 between 8. 15–8. 45am. The Queen’s impending visit to New Zealand was the catalyst for the discussion. [2] On behalf of The Monarchist League of New Zealand Inc. , Dr Noel Cox, Chairman, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, factually incorrect and unfairly presented....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

This decision has been amended to remove the names of persons who were not a party to the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintRadio Waatea – Liberation Talkback – unbalanced – contained unsubstantiated allegations – anti-Pakeha comments – promoted racial discord FindingsPrinciple 4 – reasonable opportunities to present views – no evidence of lack of balance – no uphold Principle 7 Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Liberation Talkback is a talkback programme broadcast weekly on Radio Waatea. Liberation Talkback was broadcast on Radio Waatea between 8. 00pm and 11. 00pm on 18 November 2002. [2] Colin Ellis complained to Radio Waatea, a radio station broadcast by UMA Broadcasting Ltd, the broadcaster, that the item was unbalanced, "anti-Pakeha", contained unsubstantiated allegations and promoted racial discord. [3] When the broadcaster failed to respond to his formal complaint, Mr Ellis referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on John Key’s visit to Greymouth – allegedly unbalanced Findings Standard 4 (balance) – complainant mistaken about contents of item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 24 October 2008, was introduced as follows: [Labour is] poised to get back in Government, the head of a coalition of parties, and that’s a vision [leader of the National Party, John Key] describes as "a five-headed monster of the left", and one he hopes voters will flee from. Well, political editor Duncan Garner has travelled with Key to the West Coast today. . . [2] Mr Garner reported that "John Key's comments today do come as a direct result of that poll last night. . . "....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – interview with complainant about a possible ban on pseudoephedrine – followed by interview with a GP – interviewer told GP that complainant had suggested that over-the-counter pharmaceuticals containing pseudoephedrine were not the main source of supply for makers of “P” – similar statement made in News item broadcast after the interview – interviewer’s comment and News item allegedly misrepresented Minister’s comments – allegedly unbalanced and inaccurateFindings Principle 4 (balance) – different views expressed – not upheld Principle 6 (accuracy) – Minister’s comment accepted as implication initially – later broadcast as fact – inaccurate – upheldNo Order This headnote does not form part of the decision....

Complaint Mana News – call for voters to vote for one mayoral candidate – unbalanced – encouraged discrimination against non-Maori – broadcaster upheld Principle 4 balance aspect – procedures revised to ensure longer period to vet Mana material Findings(1) Principle 7 – Guideline 7a – does not meet high threshold required for discrimination – no uphold - Guideline 7f – call to support candidate with understanding of Maori issues – not an advertisement for a specific candidate – no uphold (2) Action taken – appropriate in context of breach This headnote does not form part of the decision. Summary [1] Two interviewees in an item on Mana News encouraged Maori voters to vote for a named candidate in the Auckland mayoral election. The item was broadcast on National Radio at 5. 55pm on 27 September 2001....