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The Authority has not upheld a complaint under the balance, accuracy and fairness standards. It noted the complainant had not identified any inaccuracies or particular issues of public importance requiring balance. It also found the two interviewees were treated fairly and the interviews represented what it expects of the media in performing its role of scrutinising and holding to account those in power. Not Upheld: Balance, Accuracy, Fairness...

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 73/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RESCARE NEW ZEALAND Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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....

The Authority has not upheld two complaints about an interview on Morning Report with Sue Grey, lawyer for the parents of a baby whose urgent heart surgery had been delayed due to the parents’ concerns regarding blood from donors vaccinated against COVID-19. The essence of the complaints was that the host did not listen to Grey, constantly interrupted her, did not allow her to answer the questions, and pushed his personal views. The Authority found the interview did not go beyond the level of robust scrutiny that could reasonably be expected in an interview with Grey on this subject, noting in particular that Grey was making claims contrary to public health advice, and was able to put forward key points in the course of the eight-minute interview. Therefore the broadcast overall did not result in any unfairness to Grey....

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

The Authority has not upheld a complaint about a segment on The Project, in which host (and comedian) Jeremy Corbett compared the time then National Party Leader Todd Muller and Canadian Prime Minister Justin Trudeau spent thinking before responding to a question about whether US President Donald Trump is racist. The complaint was that the segment breached broadcasting standards by implying Mr Muller ‘failed’ by answering the question too soon and by comparing Mr Trudeau with Mr Muller rather than Prime Minister Jacinda Ardern. The segment was clearly intended to be comical rather than a serious political commentary. In that context it would not have misled viewers and did not trigger the requirements of the balance standard. Nor was the item unfair to Mr Muller who, as then Leader of the Opposition, could reasonably expect to be the subject of media coverage and commentary, including satirical commentary....

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-085–087:Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087 PDF2. 08 MB...

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

The Authority has not upheld a complaint that a news report covering the US Democratic Convention breached standards by referring to then US President Donald Trump as ‘Trump’ or ‘Donald Trump’ rather than with the title ‘President’. The broadcast was fair to Mr Trump, considering his position and profile as a politician and public figure. It was not misleading to refer to Mr Trump as ‘Donald Trump’ and the report was unlikely to cause widespread offence. The discrimination and denigration standard did not apply to Mr Trump as an individual. Not Upheld: Fairness, Accuracy, Good Taste and Decency, Discrimination and Denigration...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...