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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 17/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W J COWAN of Dunedin Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talkback– during a discussion about gay marriage, the host described the complainant, a caller, as “incredibly rude” – host read out complainant’s fax and repeated the word “homophobic” but spelled out “faggot” – allegedly in breach of fairness and discrimination and denigration standardsFindingsStandard 6 (fairness) – complainant not treated unfairly – not upheld Standard 7 (discrimination and denigration) – host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback, broadcast on Newstalk ZB on 6 June 2012, the host and callers discussed the issue of gay marriage. The host spoke to a caller, “David from Queenstown”, whom he described as “incredibly rude”, before terminating the call....

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show and a TV3 reporter briefly discussed the future of Auckland’s Wynyard Quarter tram service, in a new segment titled ‘Council Watch’, and summarised the cost of the project to rate-payers. The Authority did not uphold the complaint that the segment was one-sided and misled viewers about the reason the trams were not currently operating. It is legitimate and important for the expenditure of public money to be scrutinized and subject to robust criticism, and the focus of the item was the cost of the project; other reasons why the tram service was not running were peripheral to that focus, so viewers would not have been misled by omitting reference to those reasons....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-127 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK KEARNEY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-071 Dated the 11th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – 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 Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

ComplaintMorning Report – panel discussion about Biketawa Declaration – presenter biased – panellist treated unfairly FindingsPrinciple 4 – reasonable efforts made to present significant points of view – no uphold Principle 5 – discussion could have been better handled – not, however, a breach of fairness requirement – no uphold This headnote does not form part of the decision. Summary An item on Morning Report, broadcast on National Radio on 31 October 2000 between 7. 20am and 7. 30am, included a panel discussion about the effects of the recently announced Biketawa Declaration, in which Pacific Islands Forum leaders agreed to change a 30-year tradition of non-interference in the internal affairs of member states, to allow the Forum to deal with regional crises....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – discussed “the model who can’t go to fashion week because she’s too big” – interviewed the model and her mother as well as the manager of her modelling agency – allegedly unbalanced, inaccurate and unfair FindingsStandard 5 (accuracy) – item created clear impression that Nova was not putting forward the model for work because of her hip size – viewers would have been misled by the omission of other reasons including the model’s refusal to work for Nova – upheld Standard 6 (fairness) – broadcaster did not deny that Nova’s manager explained the other reasons in his interview – those reasons were not included in the story – unfair – upheld Standard 4 (controversial issues – viewpoints) – story focused on one individual – no discussion of a controversial issue of public importance – not upheld No Order This headnote does not form…...

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

ComplaintSome of my best friends are … Muslims – Muslims, Christians and "zsh" described favourably as religions – "zsh" apparently "Jewish" but allegedly censored – excision breached standards of balance, accuracy and fairness FindingsStandard 4; Standard 5; Standard 6 – no evidence of any censorship in programme designed to promote tolerance – no uphold This headnote does not form part of the decision. Summary [1] The comments made by a Muslim woman were indistinct when she was promoting understanding between Muslims, Christians and a third religious group – possibly Jews. The incident occurred in the programme, Some of my best friends are… which looks at minority groups in New Zealand. Muslims was the group featured in the programme broadcast on TV One at 7. 00pm on 29 March 2003....

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...