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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 47/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JAMES O'DEA of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC I W Gallaway L M Loates W J Fraser R McLeod...

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Summary [This summary does not form part of the decision. ]A Nine to Noon host interviewed Carmel Fisher, the founder and managing director of Fisher Funds Management Ltd, about her background and attitudes to business. At the end of the interview, she asked her about recent court action over a family will. A majority of the Authority upheld the complaint that a comment made by Ms Fisher about her role in the proceedings was inaccurate. The Authority unanimously declined to uphold the complaint that the programme was unfair. The Authority did not make any order. Upheld by Majority: AccuracyNot Upheld: FairnessNo OrderIntroduction[1] On 14 March 2013 on Radio New Zealand National Nine to Noon, the host interviewed Carmel Fisher. Ms Fisher is the founder and managing director of Fisher Funds Management Ltd....

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

The Authority has not upheld a complaint about a 1News item discussing the results of a 1News Verian political poll. The item included analysis and commentary on the poll from 1News’ Political Editor, which the complainants considered was either ‘biased’, unbalanced, inaccurate or unfair to the coalition government. The Authority found no breach of the nominated standards: the item included significant relevant perspectives; the statements complained about were comment, analysis, or opinion to which the accuracy standard did not apply; and the item did not give rise to any unfairness to the politicians or parties featured. Not Upheld: Balance, Accuracy, Fairness...

Summary [This summary does not form part of the decision. ]One of the hosts of talkback show, The Two, treated two callers in a way that the complainant considered to be unfair. The broadcaster upheld his complaint in relation to one of the callers. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the broadcast otherwise breached standards. Talkback radio is recognised as a robust and opinionated forum in which hosts may sometimes behave rudely. The host in this case was expressing her opinion, and her comments did not go beyond what could reasonably be expected....

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 124/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE PAVAN FAMILY of Johnsonville Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-077 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN IN FILM AND TELEVISION (Auckland) INC. (WIFT) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-084 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK PULLAR of Auckland TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

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 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”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item followed up on three recent killings of Asian people – a Chinese woman stated in the item that she was carrying one thousand dollars in cash in her handbag and that it was part of Chinese culture to carry a lot of cash – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – clearly interviewee’s opinion – no suggestion that other interviews were suppressed – not misleading or inaccurate – not upheld Standard 6 (fairness) – interviews did not distort original events – item did not encourage discrimination – not upheld This headnote does not form part of the decision....

Complaint Jagad Guru Speaks – spiritual programme – discussion regarding transubstantiation – reference to priest getting drunk on wine – offensive – unfair FindingsStandard 1 – majority – contextual matters – no uphold – minority – offensive Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Jagad Guru Speaks, a spiritual programme, was broadcast by Triangle Television between approximately 8. 30–9. 00am on 21 November 2002. The concept of transubstantiation was discussed, and when referring to the role of the priest the presenter made the comment that the priest got "drunk on the wine in the back room". [2] Bernard Maney complained to Triangle Television Ltd, the broadcaster, that the comment was offensive and insulting to priests and Christians....

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....