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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-106 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by REX LE BAS of Dunedin Broadcaster RADIO NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Summary [This summary does not form part of the decision. ] A One News item reporting on Family Planning’s call for sex education in schools for younger children, included brief footage of Miley Cyrus’ performance at the 2013 MTV Video Music Awards. Consistent with two previous decisions, the Authority did not uphold complaints that the footage was inappropriate to show during the news. Given recent widespread publicity of the performance, it was a relevant example of the kind of sexualised images Family Planning was concerned younger audiences were being exposed to. Unclassified news programmes often contain material unsuitable for children and some adult supervision is expected. Not Upheld: Good Taste and Decency, Children’s Interests, Controversial Issues Introduction [1] An item on One News reported on Family Planning’s call for sex education in schools for younger children....

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-103 Decision No: 1996-104 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-130 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HON MURRAY McCULLY Minister of Housing Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting research that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were – allegedly unbalanced Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on 7 November 2006 at 6pm on TV3, reported that research carried out by the Christchurch School of Medicine had revealed that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were. The reporter said that the study had followed 500 males from birth to 25 years of age....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item revisited a previous report that was critical of a real estate contract between Ms K and the National Property Centre – revisited a number of issues from the original item including the actions of the agent involved in drawing up the contract, some of the contract’s terms and conditions, another contract between related parties for renovation work and two caveats that had been placed on the property – item allegedly in breach of privacy, balance, accuracy and fairness standards Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify how the item was inaccurate – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond – not upheld This headnote does not form part of the decision....

Summary There was a tense debate at the Annual General Meeting of the Hero Trust, according to an item on Queer Nation broadcast on TV2 at 11. 00pm on 5 October 1999. The meeting rejected a proposal to wind up the Trust, and a new Board was elected, the report continued. Several people who had been present at the meeting were interviewed. Kat Jackson of Auckland complained to Television New Zealand Ltd, the broadcaster, that the interview with a woman who had attended the meeting implied that she had the authority and knowledge to speak on behalf of the Trust. Ms Jackson said that the woman had unsuccessfully stood for a position on the Trust and was not empowered to speak on its behalf. She claimed that the broadcast of the interview without mention of this fact resulted in the item being unbalanced and partial....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about Advertising Standards Authority’s ruling against advertisement for Charlie’s Soda – studio discussion among four men about whether the decision was out of step with society and demonstrated a double standard between advertising and television programmes – allegedly unbalanced Findings Standard 4 (balance) – discussion was confined to one advertisement – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 31 January 2008, discussed the decision of the Advertising Standards Authority (ASA) that an advertisement for Charlie’s Soda was in breach of advertising standards. According to the item, the ASA ruled that the advertisement breached a standard which required advertisements not to use sexual content to promote an unrelated product....

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

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...

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Keep Calm and Carry On – reality series about host’s experience of new motherhood contained brief mention of ‘The Unfortunate Experiment’ – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – programme focused on Jaquie Brown and her experience of new motherhood – reference to ‘The Unfortunate Experiment’ was brief and peripheral to the focus of the programme – programme did not contain a “discussion” of that issue so was not required to present alternative viewpoints – not upheld Standard 5 (accuracy) – statements summarised the findings of the Cartwright Inquiry into ‘The Unfortunate Experiment’ and were not material to the focus of the programme – not upheld Standard 6 (fairness) – complainant did not specify who she considered had been treated unfairly – no person or organisation taking part or referred to in the programme…...

Download a PDF of Decision No. 1991-037:Ngaei and Radio New Zealand Ltd - 1991-037 PDF727. 04 KB...

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...

SummarySome customer complaints that Telecom had "hijacked" users of other telephone companies were investigated in an item on 3 National News, broadcast between 6. 00–7. 00pm on 1 December 1997. "Hijacking" involves diverting customers, without their permission, from other telephone companies to the "hijacker". The solicitors for Telecom New Zealand Ltd complained to TV3 Network Services Ltd, the broadcaster, that the item was unfair and unbalanced in both its preparation and presentation in alleging that Telecom was the only company involved in this activity, and that it was occurring on a substantial scale. A balanced item would have reported that unauthorised diversions were rare, and were undertaken by other companies as well, the complainant wrote. On the basis that the item accurately reported Telecom's claim that other companies signed up customers against their will, TV3 declined to uphold the first part of the complaint....