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Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and One News Tonight – reported on teachers’ industrial action – stated that the teachers’ union had rejected the Government’s offer of a 2 percent pay increase, and that teachers were fighting for a 4 percent increase on their base salaries – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints and spoke to representatives of the teachers – not upheld Standard 5 (accuracy) – complainant has not provided evidence that the figures were inaccurate – not upheld Standard 6 (fairness) – complainant did not identify any individuals or organisations he believed had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed former SIS agent about its operation in the 1970s involving Dr William Sutch and representatives of the Soviet Embassy – former agent said that Dr Sutch had been a spy for 30 years – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not deal with a controversial issue of public importance – standard does not apply – not upheld Standard 5 (accuracy) – statements clearly expressions of former agent’s opinion – not facts – not upheld Standard 6 (fairness) – no unfairness to members of Dr Sutch’s family – not upheld This headnote does not form part of the decision. Broadcast [1] Kit Bennetts, a former SIS agent who had obtained High Court approval to publish a book covering aspects of his work, was interviewed on Sunday, broadcast on TV One at 7....

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(b) of the Broadcasting Act 1989 Fijian Language Programme – interview with Adi Asenaca discussing the policies of the deposed SDL government – Ms Asenaca gave her views on the coup and the interim government – allegedly in breach of balance and social responsibility standards Findings No recording available – decline to determine complaint under s11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item broadcast on Niu FM during its Fijian Language Programme on 23 March 2007, contained an interview with former Fijian MP Adi Asenaca. [2] The interview focused on discussing several policies and laws introduced by the former Soqosoqo Duavata ni Lewenivanua (SDL) government in Fiji....

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...

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Target – item looked at the business practices of a private chiropractic practice called The Spinal Health Foundation and its resident chiropractor, Dr Sean Parker – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did not imply that Dr Parker was offering personal loans to patients or that pre-pay arrangements were unethical – statement relating to possible breaches of ethics was sufficiently qualified – not upheld – decline to determine point relating to changing of paperwork under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – questions asked of Dr Parker were generic – complainant given adequate opportunity to respond – broadcaster treated Dr Parker fairly – not upheld This headnote does not form part of the decision....

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…...

Summary "Aleppo to Aqaba" was the title of the episode of Great Train Journeys broadcast on TV One at 8. 30pm on 20 January 1998. On behalf of the Wellington Palestine Group, A Sidani complained to the broadcaster, Television New Zealand Ltd, that the programme breached the standards relating to accuracy and balance by including a map which showed Israel as including the Occupied Territories. In response, TVNZ pointed out that Israel was named in only one of the three maps shown. However, it acknowledged that in each map the boundary of Israel did not allow for the Occupied Territories and, accordingly, TVNZ upheld the complaint about inaccuracy. Although the programme was already dated and unlikely to be rescreened, TVNZ said it had made arrangements for the matter to be tagged for attention should it be rescreened....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...