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Decisions
Paper Reclaim Ltd and TVWorks Ltd and RadioWorks Ltd - 2010-133
2010-133

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on striking workers from recycling company Paper Reclaim who wanted a pay increase of one dollar extra an hour – stated that they worked in “dirty, unsanitary conditions” and that there was a rat problem at Paper Reclaim’s plant – allegedly in breach of accuracy, fairness and privacy Campbell Live promos – promos on TV3 and Radio Live referred to working with rubbish and rats for low pay – allegedly in breach of accuracy and fairness FindingsCampbell Live Standard 5 (accuracy) – programme created strong impression that Paper Reclaim’s premises were unsanitary and rat-infested – misleading – upheld Standard 6 (fairness) – unfair to suggest that Paper Reclaim had a serious rat problem – Paper Reclaim was not given a fair and reasonable opportunity to respond to the allegations about its working conditions and rat infestation – door-stepping not unfair – upheld Standard…...

Decisions
Right to Life and Radio New Zealand Ltd - 2017-007 (19 April 2017)
2017-007

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with the President of Catholics for Choice (CFC). He spoke about CFC’s position, and his own views, on contraception, marriage equality and abortion, contrasting these views with the Catholic Church’s stance on these topics. The Authority did not uphold a complaint made by Right to Life that a representative of the Catholic Church should have been given the opportunity to respond to the ‘allegations’ made by the CFC President. The item was introduced and presented from the narrow perspective of CFC, which did not represent the views of all Catholics or of the Church hierarchy, and this was made clear during the interview....

Decisions
Waqanivala and Radio Voqa Kei Viti Aotearoa - 2017-046 (28 November 2017)
2017-046

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Decisions
DD and Television New Zealand Ltd - 2014-110
2014-110

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

Decisions
Millen and Television New Zealand Ltd - 1991-045
1991-045

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

Decisions
Edwards and Television New Zealand Ltd - 1993-082
1993-082

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

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
Christoforou and Al Jazeera Media Network - 2020-054 (16 November 2020)
2020-054

The Authority has not upheld a complaint about documentary Western Thrace, Contested Space, which examined the lives of ethnic Turks living in the Western Thrace region of Greece. It found that there were no material inaccuracies in the documentary as alleged by the complainant. The documentary was about discrimination felt by the Turkish community as a whole and was exploring their experiences. Some inaccuracies alleged by the complainant were broadly immaterial to the thrust of the documentary, while others were expressions of opinion, comment and analysis, to which the accuracy standard does not apply. It found the balance standard did not apply as it did not discuss a controversial issue of public importance in New Zealand. The remaining standards raised also did not apply. Not Upheld: Accuracy, Balance, Fairness, Discrimination and Denigration...

Decisions
Askin & Bolton and Maori Television Service - 2014-084
2014-084

Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....

Decisions
Marr & Robinson and NZME Radio Ltd - 2018-080 (16 January 2019)
2018-080

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Decisions
Leitch and Television New Zealand Ltd - 1993-175
1993-175

Download a PDF of Decision No. 1993-175:Leitch and Television New Zealand Ltd - 1993-175 PDF576. 5 KB...

Decisions
McLean, Hardy, Bennett and Henry, and Pacific Coast FM - 2007-098
2007-098

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

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
Tucker and TVWorks Ltd - 2010-086
2010-086

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....

Decisions
O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
Ngati Pukenga Iwi and Television New Zealand Ltd - 2003-109
2003-109

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Decisions
Cloud Ocean Water and MediaWorks TV Ltd - 2018-037 (23 July 2018)
2018-037

Summary[This summary does not form part of the decision. ]An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review....

Decisions
de Boer and Radio New Zealand Ltd - 2004-122
2004-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

Decisions
Fattorini and RadioWorks Ltd - 2012-034
2012-034

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

Decisions
Ridley-Smith and Radio New Zealand Ltd - 2012-102
2012-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

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