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Complaint under s. 8(1)(a) of the Broadcasting Act 1989Trial by Ordeal – documentary – examined three jury trials of John Barlow charged with double murder – questioned fairness in view of the length of the process – interviewed some participants and set up mock jury to hear evidence – allegedly gratuitous murder reconstructions, offensive and unnecessarily violent, and favoured defence over prosecutionFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 4 (balance) – opposing perspectives advanced – not upheld Standard 10 (violence) and Guidelines 10b (cumulative effect) and 10f (repeated gratuitously) – reconstructions, while gruesome, were not gratuitous or repeated unnecessarily – not upheldThis headnote does not form part of the decision. Broadcast [1] Trial by Ordeal was a documentary broadcast on TV One at 9. 00pm on 12 February 2004....

Summary[This summary does not form part of the decision. ]Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] Morning Report featured an interview with Matt Vickers, an assisted dying campaigner and the husband of the late Lecretia Seales, about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]In a weekly interview segment on Mike Hosking Breakfast, Prime Minister John Key criticised the Labour Party while discussing a number of political topics. The Authority did not uphold the complaint that the host displayed political bias and let the Prime Minister criticise other parties unchallenged, without them being offered any right of reply. This segment with the Prime Minister of the day has been running for 25 years, it was transparently political advocacy, and it did not purport to be a balanced or even-handed discussion of political issues. Other politicians were also interviewed on Newstalk ZB on a regular basis. Not Upheld: Controversial Issues, Fairness, Accuracy, Responsible Programming, Discrimination and DenigrationIntroduction [1] In a weekly interview segment on Mike Hosking Breakfast, the Prime Minister John Key criticised the Labour Party while discussing a number of political topics....

Summary The Jesus Seminar movement, which denies the literal resurrection of Christ, was the subject of an item on Holmes broadcast on TV One beginning at 7. 00 pm on Good Friday, 10 April 1998. Mr Fox complained to Television New Zealand Limited, the broadcaster, that the item was biased and unbalanced in failing to interview a person of equal academic standing to Dr Veitch, who had been interviewed on behalf of the movement. Footage of school children in the item gave the message that Easter was for children and at the same level of belief as the Easter bunny, he wrote. TVNZ replied that it was appropriate on Good Friday to reflect on the diversity of views which existed within Christianity. The pastor interviewed had an extensive background in theological research, TVNZ wrote, and he provided the item’s balance....

INTERLOCUTORY DECISION SummaryThe case of a social worker convicted of child abuse offences whose name had beensuppressed was examined in an item on Channel 2's 60 Minutes broadcast between7. 30–8. 30pm on Sunday 4 September. One aspect of the story was that his pastbehaviour had worried some of his fellow social workers who had drawn theirconcerns to the attention of the supervisory staff. Before the broadcast, Mrs MacKenzie, Chief Social Worker for the AucklandHospital Board from 1982–1991, declined by telephone to comment to 60 Minuteson personnel matters. She was subsequently approached by 60 Minutes' reporter anda crew – with cameras rolling – outside her home when leaving for work one morning. She again declined to comment and went inside. She complained to Television NewZealand Ltd, the broadcaster, that the incident had breached a number of broadcastingstandards and in addition that it had breached her privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – item reporting on Ahmed Zaoui, an Algerian refugee, having his birthday in a New Zealand prison – allegedly unbalancedFindingsStandard 4 (balance) – balance provided during period of current interest – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on Flipside on TV2 at 5pm on 7 December 2004 reported on Ahmed Zaoui, an Algerian refugee, who was having his birthday in a New Zealand prison. Flipside was a news and current interest programme delivered in a style that appealed to a youth audience. [2] The item comprised video showing Mr Zaoui’s supporters holding a “birthday party” outside the prison, comments from his supporters and a studio interview with his lawyer....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY JOHNSTON of Christchurch Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-006 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by N E ARCHER of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-105 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MELANIE SMITH and TERESA SAMMUT-SMITH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...