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Decisions
Harris and CanWest TVWorks Ltd - 2005-049
2005-049

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

Decisions
R and TV3 Network Services Ltd - 2000-179
2000-179

ComplaintInside New Zealand – theft in the workplace – privacy – unfair – police diversion scheme – inaccurateFindingsPrivacy – no identification – no private facts – no uphold Standards G1, G3, G4, G5, G6, G7, G14, G16 and G19 – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary entitled "Stealing on the Job" was broadcast on TV3 on 23 August 2000 at 8. 30pm. Hidden camera footage showed employees in various workplaces stealing money from their employers. Promos for the programme were shown in the days preceding the broadcast. R, the father of one of those filmed, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his son’s privacy had been breached by the broadcast of the programme and the promos for it....

Decisions
Bishop and Television New Zealand Ltd - 1998-111
1998-111

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-111 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by STEVE BISHOP of Albany TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Stewart and Television New Zealand Ltd - 2000-094, 2000-095
2000-094–095

ComplaintHolmes (2 Items) – (1) unfair – unbalanced; (2) denigrated women firefighters Findings(1) G4 – guests treated fairly – no uphold G6 – balance provided by presenter – no uphold (2) G13 – intended to be light-hearted – no uphold This headnote does not form part of the decision. Summary The question of whether taxpayers’ money should be spent on sport was discussed in an item on Holmes broadcast on TV One on 14 April 2000 between 7. 00–7. 30pm. The discussion arose in the context of the release of a report from the Hillary Commission calling for more government funding for sport. The guests were a representative from the Hillary Commission and the Minister of Sport. A second item, broadcast on Holmes on 18 April, featured archival footage of an all-woman volunteer fire service in Northland....

Decisions
B and HB Media Group - 1997-138, 1997-139
1997-138–139

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-138 Decision No: 1997-139 Dated the 13th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mrs B of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Lindley and TV3 Network Services Ltd - 2003-122, 2003-123
2003-122–123

Complaint3 News – complainants included one of two survivors of an air crash in which eight people died – message left on answerphone reporting progress and advising that they were not giving interviews to media – answerphone message omitting reference to interviews broadcast as part of news item – breach of privacy – unfair FindingsStandard 3, Privacy Principles (i) and (iii) – answerphone message aimed at all callers – information was released to the public – no intrusion in the nature of prying – no uphold Standard 6 and Guideline 6e – time of stress for the complainants – high public interest – contents of message in public arena – use of message not insensitive or unfair – no uphold This headnote does not form part of the decision....

Decisions
Eagle and Television New Zealand Ltd - 2004-021
2004-021

ComplaintOne News – kiwi released back to wild after recovery from injury in “hunter’s trap” – allegedly inaccurate and unfair to describe person who accidentally trapped kiwi as “hunter” – allegedly denigrated recreational huntersFindings Standard 5 – “hunter” and “trapper” sufficiently synonymous – not inaccurate – not upheld Standard 6 – recreational hunting not an “occupational status” and recreational hunters not a “section of the community” under Guideline 6g – recreational hunters not referred to in item – not upheld This headnote does not form part of the decision Summary [1] An item broadcast on One News on TV One on 6 January 2004 reported that a kiwi had been released back into the wild after five months spent recovering from “life-threatening injuries [sustained] in a hunter’s trap”....

Decisions
Werry and Radio New Zealand Ltd - 2004-132
2004-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
QA and Television New Zealand Ltd - 2014-015
2014-015

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

Decisions
Appleby and MediaWorks TV Ltd - 2014-097
2014-097

Summary [This summary does not form part of the decision. ] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter referred to David Cunliffe ‘handing out an election year bribe’. The Authority did not uphold the complaint that this was unfair. Political parties should expect their policies will be subject to commentary and scrutiny, particularly leading up to a general election, and it is not uncommon to refer to election ‘bribes’ in political reporting. Not Upheld: Fairness Introduction [1] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter said, ‘David Cunliffe sits down at Wellington High School handing out an election year bribe, promising every school student from intermediate up, their own computer’. The item was broadcast on TV3 on 5 July 2014....

Decisions
Oxley and Television New Zealand Ltd - 2023-051 (18 October 2023)
2023-051

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

Decisions
Lancaster and Radio New Zealand Ltd - 2024-031 (24 July 2024)
2024-031

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Humphries and Television New Zealand Ltd - 2024-059 (24 October 2024)
2024-059

The Authority has not upheld a complaint about language used in a Seven Sharp interview with Neil Finn. At two separate points in the interview, presenter Jeremy Wells and Finn referred to another band member as ‘a GC’ and a ‘good [beep]’; and later Finn quoted a review of his own album, which said, ‘red card, you [beep]’. The Authority found the broadcast was unlikely to cause widespread disproportionate offence or distress, and unlikely to adversely affect child viewers, taking into account: Seven Sharp is an unclassified news and current affairs programme targeted at adults (during which adult supervision is expected); the content was consistent with audience expectations of Seven Sharp and Jeremy Wells; Wells and Finn had the right to express themselves in language of their choosing (within the boundaries of the standards); and all uses of the c-word were appropriately censored....

Decisions
Green and MediaWorks TV Ltd - 2015-013
2015-013

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

Decisions
Southland Fuel Injection Ltd and Television New Zealand Ltd - 1994-091
1994-091

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Credo Society Inc and The Radio Network Ltd - 2000-163
2000-163

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

Decisions
Catran and 4 Others and Kool FM - 2009-051
2009-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Decisions
Williamson and TVWorks Ltd - 2010-077
2010-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item reported on SPCA seizing neglected horses from Douglas Williamson’s farm – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers would not have been misled by either item – not upheld Standard 6 (fairness) – Williamsons were well aware of the nature of the programmes and were given a fair opportunity to comment – not unfair – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 30 March 2010, was introduced by the presenter saying, “Tonight we’re exclusively with the SPCA and police as they seize dozens of neglected horses from a Christchurch farm. ” The presenter said: . . ....

Decisions
Hood and Television New Zealand Ltd - 2007-028
2007-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

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