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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...

A segment on AM interviewed the complainant regarding his documentary, Milked, which focused on the environmental impact of the dairy industry. Following the interview, the presenter interviewed DairyNZ CEO, Dr Tim Mackle, on the same topic. The complainant stated the broadcast breached the fairness standard as he was not informed of Dr Mackle’s involvement and he was not given a right to respond following the interview. The Authority did not uphold the complaint, finding the nature of the broadcast did not materially deviate from what was consented to. The Authority also found the interviews were conducted fairly and the audience would not have been left with a negative impression of the complainant. Not Upheld: Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 58/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTCHURCH CITY COUNCILLORS Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NICK DRURY (2) of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Asia Down Under and One News – One News item replayed significant footage screened on Asia Down Under earlier in the morning – programmes addressed issue of need for regulation of immigration consultants – profiled situation of Korean family, the Yangs, who were seeking permanent residency in New Zealand – outlined Yangs’ dealings with immigration consultancy firm Wasan International Co Ltd and its director Edward Kang – discussed high fees charged and lack of success in their applications to date – Asia Down Under team arrived unannounced at Wasan Ltd’s offices and requested interview with Mr Kang – used comments on wider issue from Immigration Minister Paul Swain – used comments from representative of New Zealand Association for Migration and Investment – Asia Down Under reported police and NZAMI investigations of Wasan Ltd – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance)…...

ComplaintClassic Hits – news items – privacy – complainant named in relation to theft charge – name suppression granted after broadcast FindingsPrinciple 8 – tape retention inadequate Privacy – public facts – no uphold Principle 5 – broadcasts not incorrect – no unfairness – no uphold This headnote does not form part of the decision. Summary A woman who had been charged with theft as an employee was named in news items broadcast on Classic Hits in Hamilton on 18 April and 2 May 2001. SF complained to The Radio Network Ltd, the broadcaster, that the news items broadcast on 18 April were incorrect and breached her privacy. TRN did not accept that the 18 April broadcast was incorrect. It noted that, at the time of the broadcasts, no name suppression order had been made by the court....

ComplaintTarget – preparation and presentation of programme unfair - florists tested – test conducted unfairly – assessor not independent or impartial – response unfairly edited FindingsStandard G4 – test and setting up process not unfair – other standards not relevant – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 on 28 November 1999 beginning at 7. 00pm featured six florists who were graded on their ability to complete an order. Ms Newcombe and Mr Hall complained to TV3 Network Services Ltd that the broadcast had portrayed their business unfairly. They alleged that a number of broadcasting standards had been breached both by the broadcast and the preparation of the programme. TV3 responded that the test had been devised on the advice of an independent technical consultant and that the florists had been selected randomly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

Summary [This summary does not form part of the decision. ]A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch. The Authority did not uphold the complaint that the item made inadequate mention of the widespread opposition to the upgrade, saying only that it had been challenged by ‘some nearby residents’. The item acknowledged the upgrade was controversial, and the nature and scale of the opposition was not material to the focus of the brief news item, so listeners would not have been misled. Not Upheld: Accuracy, Controversial Issues, FairnessIntroduction[1] A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. The Authority did not uphold complaints that the item was unbalanced and inaccurate because it was more favourable to the ‘pro-fat’ side of the debate. The broadcaster clearly made efforts to interview experts on both sides of the debate, and viewers were left to make up their own minds or seek further information about the merits of the diet. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. A reporter interviewed a number of experts, and also talked to several people who had experienced weight loss and health benefits from the diet. The item aired on TV3 on 23 April 2014....

Summary[This summary does not form part of the decision. ]A 3 News item reported on National Party candidate Mark Osborne's failure to name all bridges relevant to his campaign promise during the Northland by-election, to convert 10 bridges to two lanes. The Authority did not uphold a complaint that the editing of the item was unfair to Mr Osborne by creating the impression he was unable to name all 10 bridges. The item contained clear statements as to the number of bridges Mr Osborne could name and did not unfairly represent his state of knowledge. Further, the item was broadcast in the context of a robust by-election environment when politicians can expect a high level of scrutiny....