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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-055 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – 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 Close Up, broadcast at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

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(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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 63/95 Dated the 20th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY MABEY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about US Secretary of State Condoleezza Rice’s visit to New Zealand – allegedly unbalanced and unfair 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 One News, broadcast on TV One at 6pm on 26 July 2008, reported on US Secretary of State, Condoleezza Rice’s visit to New Zealand. The reporter stated that relations between New Zealand and America were “warming”, and that Dr Rice had “[described] the two countries as allies for the first time in 20 years”. Footage was shown of press conferences held with Dr Rice, Winston Peters (the then Minister of Foreign Affairs) and Helen Clark (the then Prime Minister), in which they made positive comments about the countries’ relationship....

Summary The INCIS police contract cancellation by IBM was the subject of a talkback/voteline segment on Good Morning, broadcast on TV One between 10. 00am and 12. 00pm on 11 August 1999. Mr McLean complained to Television New Zealand Ltd, the broadcaster, that there had been a lack of balance in the treatment of the issue in both a trailer for Good Morning, and in the programme itself. TVNZ upheld part of the complaint. It acknowledged that the treatment of the issue on the programme was unbalanced because it had not included an alternative view to that of the presenter. It advised that it had reviewed Good Morning’s approach to political issues as a consequence. Mr McLean contended that TVNZ’s action in response to the upheld complaint was inadequate. In his view, TVNZ should have broadcast a statement about its standards breach....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 157/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C A MAUDE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

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....