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ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-018 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAEWYN CLARK of Manurewa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

SummaryA no-smacking programme developed by the Children Young Persons and their Families Service was the subject of an item on One Network News broadcast on 24 September 1998 between 6. 00–7. 00pm. It included file footage showing a Pacific Island woman beating a young boy. Ms Elliott complained to Television New Zealand Ltd, the broadcaster, that the segment showing the woman beating the child was entirely at variance with the rest of the item and asked whether its purpose was to reinforce a racist stereotype about Pacific Island people and violence. In her view, the woman and the Pacific Island community were owed an apology. TVNZ responded that because smacking was a common form of discipline in the Pacific Island community, some resistance to the CYPFS campaign was expected from that quarter. In its view, the sequence was not irrelevant in that context....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-138 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G RAWSON of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

The Authority declined to determine a complaint regarding a news item covering animal welfare in rodeos. David Wratt complained that the item, which covered loss of animal life in rodeos, should focus on the deaths of babies as human life is more valuable than animal life. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine: Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness...

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(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-153 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-068 Decision No: 1998-069 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (OPERATION TAM) TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

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: 1997-071 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...