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Decisions
Hammond and 89FM Gisborne - 1996-061
1996-061

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-061 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW HAMMOND of Gisborne Broadcaster 89FM GISBORNE J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Harold and NZME Radio Ltd - 2023-015 (16 May 2023)
2023-015

The Authority has declined to determine aspects, and not upheld the remainder of a complaint concerning a talkback call regarding vaccine mandates. The complainant had contacted the station and spoke about her son’s issues re-enrolling at university due to his COVID-19 vaccination status. The complainant alleged the broadcast breached the balance, accuracy and fairness standards as the host did not accept the complainant’s statements concerning the COVID-19 vaccine and related mandates, and prematurely ended the call with the complainant. The Authority declined to determine the complaint under the balance and accuracy standards as the complainant’s concerns have been recently determined in other decisions. The Authority did not uphold the fairness complaint, finding the complainant was not treated unfairly and in any case it was an editorial choice open to the broadcaster to end the call....

Decisions
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

Decisions
Van Der Merwe and Radio New Zealand Ltd - 2023-072 (7 November 2023)
2023-072

The Authority has not upheld a complaint about a news report on RNZ National on Prime Minister Chris Hipkins’s then upcoming meeting with President Volodymyr Zelenskyy. The complaint said the broadcast breached the balance and fairness standards by focusing on Ukraine’s intended usage of cluster munitions without canvassing Russia’s aggression and use of the munitions. The Authority found the nominated standards did not apply. It considered the issue was not discussed (as contemplated under the balance standard) and, in any event, the balance standard would not have required the presentation of additional perspectives in such a broadcast. The fairness standard did not apply as Ukraine, as a nation, was not an organisation (for the purposes of the standard). Not Upheld: Balance, Fairness...

Decisions
Gough and Television New Zealand Ltd - 2012-095
2012-095

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Decisions
Chapman and Television New Zealand Ltd - 2022-108 (8 February 2023)
2022-108

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Decisions
McArthur and Radio New Zealand Ltd - 2024-057 (14 October 2024)
2024-057

The Authority has not upheld a complaint that an item on RNZ’s 9am news bulletin about an electricity shortage in New Zealand breached multiple standards. The complaint focused on the broadcast’s allegedly inappropriate use of terms such as energy, fossil fuels, power and electricity and the omission of contextual information. In the context of the news bulletin, the Authority found RNZ’s audience was unlikely to be misled. Accordingly, the accuracy standard was not breached. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Hector & Casey and Radio New Zealand Ltd - 2021-052 (2 August 2021)
2021-052

Two complaints about a report on ‘explosive scenes at Parliament’ including a comment from Willow Jean Prime MP that statements from the National Party ‘really sound[ed] like “she asked for it, her skirt was too short. She was drunk”’ were not upheld. The Authority found the omission of Ms Prime’s subsequent withdrawal of the statement was not material to the story, and her specific comment was opinion to which the accuracy standard does not apply. The balance standard did not apply as the statement did not concern a controversial issue of public importance, and there was no unfairness to the National Party. Not Upheld: Accuracy, Fairness, Balance...

Decisions
Arps and Discovery NZ Ltd - 2021-123 (1 December 2021)
2021-123

The documentary Patrick Gower: On Hate investigated the 15 March 2019 terror attacks, focusing on the stories of the victims. The documentary featured footage from 2016 showing the complainant dumping a pig’s head at Masjid Al-Noor. The complainant argued the documentary breached the fairness standard as he was not given an opportunity to comment prior to its broadcast. Noting the high public interest in the documentary, the Authority found the complainant was not treated unfairly. Not Upheld: Fairness...

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Wyeth & CK and Radio New Zealand Ltd - 2025-059 (3 December 2025)
2025-059

The Authority has not upheld two complaints about a broadcast of The Panel which briefly discussed public perception of the recognition of a Palestinian state and the panellists’ views on whether Aotearoa New Zealand should sanction Israel. The complaints were made under several standards and included claims the broadcast was unbalanced for not including comment from Palestinians ‘or directly affected individuals’, and treated Palestinians unfairly. Additionally, a panellist’s comment was said to be inaccurate and misleading, and to discriminate against and denigrate Palestinians. Under the balance standard, the Authority found alternative perspectives were provided by the other panellist. In addition, the broadcast: was clearly signalled as approaching the topics canvassed from the panellists’ perspectives; was narrowly focussed on certain aspects of the much larger, complex Israel-Palestine conflict; and listeners were likely to be aware of significant viewpoints given the issues had been frequently covered in a range of media....

Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
Spectrum and Bays Television Ltd - 1995-132
1995-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SPECTRUM of Nelson Broadcaster BAYS TELEVISION LIMITED of Nelson J M Potter Chairperson L M Loates R McLeod...

Decisions
Pester and TV3 Network Services Ltd - 1998-140
1998-140

SummaryThe "Bluffer’s Guide" is a regular feature of Ansett Time of Your Life. In the programme broadcast on TV3 on 26 May 1998 at 8. 00pm, it focused on cigar smoking. Mr Pester of Pahiatua complained through the Broadcasting Standards Authority to TV3 Network Services Ltd that the programme glorified cigar smoking in a manner which would be attractive to young people. He argued that TV3 had employed a deceptive programme practice because it encouraged young people to smoke cigars, and that it had failed to be mindful of the effect of the programme on children. In addition, he contended that it had contravened the Smokefree Environments Act 1990. TV3 responded that the programme, while rated G, was aimed at a mature audience. It did not believe that the segment would have appealed to children, and noted that the host did not reinforce the behaviour by smoking herself....

Decisions
Ong and Radio New Zealand Ltd - 2022-029 (6 July 2022)
2022-029

The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Decisions
McCracken and Radio New Zealand Ltd - 2022-099 (22 November 2022)
2022-099

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

Decisions
Alderston and NZME Radio Ltd - 2023-110 (31 January 2024)
2023-110

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....

Decisions
Neal and Television New Zealand Ltd - 2024-055 (25 Septmember 2024)
2024-055

The Authority has not upheld a complaint that a 1News item on tax cuts in the Government’s 2024 Budget breached the balance and fairness standards by portraying the tax cuts negatively, thereby misrepresenting the views of New Zealanders. The Authority found the balance standard was not breached as significant perspectives on the Budget were presented, viewers could reasonably be expected to be aware of other views, and the standard does not apply to concerns of bias. It also found the broadcast consistent with the level of robust scrutiny and political analysis that could reasonably be expected of politicians, so the fairness standard was not breached. Not Upheld: Balance, Fairness...

Decisions
Neal and Television New Zealand Ltd - 2024-078 (18 December 2024)
2024-078

The Authority has declined to determine a complaint about a 1News broadcast discussing racial tensions arising from coalition government policies. The item mentioned a 1News Verian poll on whether the coalition government’s policies were increasing, decreasing, or making no real difference to racial tensions in Aotearoa New Zealand. The complainant alleged the broadcast, and the poll were ‘incredibly biased’ and that the broadcast breached the discrimination and denigration, accuracy, balance, and fairness standards. The Authority declined to determine the complaint on the basis it raised issues under the accuracy, balance, and fairness standards that could all be dismissed on grounds previously explained to the complainant; the broadcast could not be considered to encourage discrimination or denigration; and the complaint concerned issues of personal preference and had been adequately addressed in the broadcaster’s decision....

Decisions
Voters' Voice Binding Referendum Inc and Television New Zealand Ltd - 1994-016
1994-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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