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ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

An appeal against this decision was dismissed in the High Court: CIV-2011-485-1110 PDF1. 92 MBMary Anne Shanahan declared a conflict of interest and did not take part in the determination of this complaint. Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item questioned “Where has all the aid money gone?...

The majority of the Authority has upheld a complaint that a segment on 1News Tonight reporting regarding an Israeli strike on Iran breached the accuracy standard. The complainant alleged the broadcast was misleading as the use of ‘unprecedented’ to describe a prior Iranian strike implied the Iranian strike was unprovoked, and this was compounded by the omission of reference to an earlier Israeli strike on an Iranian consulate building in Syria. The majority agreed the broadcast created a misleading impression of Iran’s actions through use of the term ‘unprecedented’ to describe its strike on Israel, inclusion of comments suggesting Israel’s strike to be a proportionate response and due to comments of the Iranian Foreign Minister being edited in a way rendering them unclear....

The Authority has not upheld a complaint under the balance, accuracy and fairness standards. It noted the complainant had not identified any inaccuracies or particular issues of public importance requiring balance. It also found the two interviewees were treated fairly and the interviews represented what it expects of the media in performing its role of scrutinising and holding to account those in power. Not Upheld: Balance, Accuracy, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a newsreader’s use of the term ‘rogue state’ in the introduction to a news item, referring to North Korea. The item reported on the resumption of peace talks between the leaders of the United States and North Korea, and segued into an investigation about the effects of economic sanctions on the people of North Korea. The complaint was that using the term was biased and lacked balance, and the term was better suited to describe the United States. In its decision the Authority noted that the term complained about was used only once, fleetingly, in the newsreader’s introduction and would not have affected viewers’ understanding of the item as a whole....

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MANUFACTURING AND CONSTRUCTION WORKERS UNION INC Broadcaster CAPITAL FM LIMITED of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-111 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ST BEDE'S COLLEGE of Christchurch Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummarySome customer complaints that Telecom had "hijacked" users of other telephone companies were investigated in an item on 3 National News, broadcast between 6. 00–7. 00pm on 1 December 1997. "Hijacking" involves diverting customers, without their permission, from other telephone companies to the "hijacker". The solicitors for Telecom New Zealand Ltd complained to TV3 Network Services Ltd, the broadcaster, that the item was unfair and unbalanced in both its preparation and presentation in alleging that Telecom was the only company involved in this activity, and that it was occurring on a substantial scale. A balanced item would have reported that unauthorised diversions were rare, and were undertaken by other companies as well, the complainant wrote. On the basis that the item accurately reported Telecom's claim that other companies signed up customers against their will, TV3 declined to uphold the first part of the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Fairness ...

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a story on Prime News, reporting on incorrect deductions that were made from a solo mother’s benefit, was inaccurate and resulted in Work and Income New Zealand (WINZ) being treated unfairly. The featured mother was repaid $7,000 from WINZ after discovering that deductions had been made from her benefit in error, as she qualified for an exemption from a policy requiring her to identify the father of her child. The Authority considered that the item was a fair and accurate report on the issue. WINZ was the agency responsible for administering the woman’s benefit and for making the deductions under legislation. It was therefore reasonable for the broadcaster to refer to WINZ and to rely on comment from the Minister for Social Development in response....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-021 Decision No: 1996-022 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WINTON ALLEN of Lower Hutt and A G T WANE of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandards 4 (controversial issues – viewpoints), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – selection of items to include in news programmes is a matter of editorial discretion – complainant did not specify which parts of the programme breached standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Tuesday 29 June 2010. Complaint [2] River Tucker complained to TVWorks Ltd, the broadcaster, alleging that “the lack of any in-depth reporting into issues that are important to New Zealanders” on 3 News breached standards relating to the discussion of controversial issues, accuracy, fairness and responsible programming....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported that a 40-year-old man had been accused of knowingly infecting people with HIV – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – identifiable to limited group of people who had seen the website or the photos – allegation of criminal behaviour not a private fact – HIV-positive status normally a private fact but public interest defence applied – not upheld Standard 6 (fairness) – high level of public interest especially in alerting those who could identify the man – guideline relating to discrimination and denigration not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on TV One on 15 May 2009, was introduced as follows: What kind of person knowingly infects lovers with the HIV virus?...