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Decisions
Lubinska and Rowland and Television New Zealand Ltd - 2008-046
2008-046

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....

Decisions
SKY Network Television Ltd and Radio New Zealand Ltd - 2008-117
2008-117

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....

Decisions
Nelson City Council and Mainland Television Ltd - 2004-069
2004-069

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....

Decisions
Craig and SKY Network Television Ltd - 2015-096 (12 May 2016)
2015-096

Summary[This summary does not form part of the decision. ]A Prime News item reported on the Conservative Party Annual General Meeting, which was the subject of a police call-out because a former Board member attempted to attend the meeting and was issued a trespass notice. The Authority did not uphold a complaint alleging that the item lacked balance, was inaccurate and was unfair to the Conservative Party and its former leader Colin Craig. The item was a straightforward news report that was not unfair to the Conservative Party or Colin Craig, who as a public figure should expect to be subject to some criticism and scrutiny. The item did not discuss a controversial issue of public importance that required the presentation of other views and was not inaccurate....

Decisions
Holland and MediaWorks TV Ltd - 2017-048 (9 August 2017)
2017-048

Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....

Decisions
Feral and Television New Zealand Ltd - 2014-107
2014-107

Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....

Decisions
Rawlings and Television New Zealand Ltd - 1998-103
1998-103

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Zacharias and TV3 Network Services Ltd - 2000-085
2000-085

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Decisions
Gibbs and Television New Zealand Ltd - 2009-147
2009-147

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

Decisions
Downs and TV3 Network Services Ltd - 1996-145
1996-145

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-145 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FR FRANK DOWNS of Turangi Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Newton-Wade & Nick Wilson and NZME Radio Ltd - 2022-116 (27 February 2023)
2022-116

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach....

Decisions
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

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....

Decisions
Phillips and Racing Industry Transition Agency - 2019-044 (22 January 2020)
2019-044

The Authority has upheld a complaint that two episodes of The Box Seat breached the accuracy and balance standards of the Pay TV Code of Broadcasting Standards. The Authority found that the segments about blood spinning in harness racing covered a controversial issue of public importance but failed to include balancing views on the issue being discussed or indicate that the programmes were presented from a specific perspective. The Authority also found that, although the broadcasts did not contain any specific factual inaccuracies, the omission of alternative perspectives and information on the safety and propriety of blood spinning meant that the broadcast was misleading as a whole. The Authority did not uphold the complaint under the fairness standard. The Authority considered the publication of this decision sufficient to censure the breach of standards by the broadcaster and made no orders. Upheld: Balance, Accuracy. Not upheld: Fairness. No orders...

Decisions
McInroe and Television New Zealand Ltd - 2020-128 (9 March 2021)
2020-128

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...

Decisions
Wakeman and Television New Zealand Ltd - 2024-009 (7 May 2024)
2024-009

The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Olsen-Reeder and Television New Zealand Ltd - 2015-018
2015-018

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Decisions
Boyce and MediaWorks TV Ltd - 2014-135
2014-135

Summary [This summary does not form part of the decision. ] During 3 News coverage of the results of the 2014 general election, a reporter was shown persistently attempting to interview the Internet-Mana Party leader Laila Harré. The Authority declined to uphold the complaint that the reporter's treatment of Ms Harré was unfair. The reporter's behaviour did not cross the high threshold for finding unfairness to politicians and public figures, particularly in the context of an important political broadcast. Not Upheld: Fairness Introduction [1] The 3 News election coverage, 'Decision '14, Election Night', included footage of a reporter persistently questioning and aiming a microphone at the Internet-Mana Party leader Laila Harré as she attempted to make her way into the party's post-election gathering. Ms Harré mostly ignored the reporter but when she tried to speak the reporter interrupted and spoke over her....

Decisions
Cobham, Findlay & Cox and NZME Radio Ltd - 2023-023 (28 June 2023)
2023-023

The Authority has not upheld complaints that comments made during Early Edition with Kate Hawkesby allegedly downplayed the severity of ex-Tropical Cyclone Gabrielle and associated warnings and safety measures, in breach of several broadcasting standards. The broadcast occurred during the early stages of ex-Tropical Cyclone Gabrielle, and featured Hawkesby and Mike Hosking remarking, among other things, that people ‘love the panic’, had become ‘soft’ and there was no reason for ‘this level of hysteria’. The Authority considered the comments were dismissive of the weather event and insensitive to those already suffering the consequences of Gabrielle....

Decisions
Erickson and Television New Zealand Ltd - 2022-129 (7 March 2023)
2022-129

The Authority has not upheld a complaint that a 1 News segment on the Military’s bid to replace two 757 planes breached broadcasting standards. The complainant alleged statements – linking Prime Minister Jacinda Ardern ‘hitching a ride’ on the Canadian Prime Minister’s VIP plane, with the ability and age of the Air Force’s 757s – breached the accuracy, balance, and fairness standards, due to the failure to include the Prime Minister’s full statement on why she caught the flight. The Authority found the broadcast was materially accurate, and the balance standard did not apply as the complainant’s concerns did not relate to a controversial issue of public importance. The broadcast was not unfair to Ardern.   Not Upheld: Accuracy, Balance, Fairness...

Decisions
Kemp and Television New Zealand Ltd - 2022-058 (20 July 2022)
2022-058

The Authority has not upheld a complaint regarding a 1 News item. The item opened by referring to ‘weeks of tension between Jews and Christians in Israel’. This was inaccurate as the item reported on tensions between Israelis and Palestinians during a period of overlapping religious holidays. The broadcaster acknowledged the reference to Christians was an error, but did not uphold the original complaint as the error was ‘implicitly corrected by the full context of the story’. The Authority found, given the item immediately following reported on violence between Muslim and Jewish people, the inaccuracy in the introduction was unlikely to mislead the audience overall. The fairness standard did not apply. Not Upheld: Accuracy, Fairness...

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