Search

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on damage caused by Christchurch earthquake – showed footage of poultry shed – news reader stated “And this is a destroyed battery hen farm, home to 26,000 chickens. Animal rights activists say that up to a third of them were trapped and suffocating” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement a material point of fact – said that chickens were “suffocating” not that they had “suffocated” – not upheld Standard 6 (fairness) – complainant and farm not identified – item did not reflect badly on complainant – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 September 2010, reported on the large scale damage caused by the Christchurch earthquake....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

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…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: Inside Child Poverty – documentary investigated child poverty in New Zealand – documentary-maker gave his perspective on the role of government policy in contributing to the current situation – allegedly in breach of law and order and fairness standards FindingsStandard 6 (fairness) – investigation into child poverty engaged high value speech – proposals for policy reform were not specific to any one political party – generic and non-partisan approach – not unfair to National Party – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the documentary series Inside New Zealand, entitled Inside Child Poverty, was broadcast on TV3 on 22 November 2011....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...

SummaryAbortion was a topic touched on during the talkback programme Banksie on Sunday, broadcast on Radio Pacific between 10:00am – 2:00pm on Sunday 14 April 1996. The host (Hon John Banks MP) described doctors who perform abortions as baby murderers, and claimed that the aborted foetuses were put into the hospital waste disposal systems or in "Kleensaks". Mr Sawyers complained to Radio Pacific Ltd that the "highly emotive" remarks were inaccurate, unbalanced, and unfair to the doctors who carried out abortions. Explaining that the host had been expressing his own strong opinion, that other hosts had different opinions, and that callers were able to present a diversity of views on the subject, Radio Pacific denied that the standards had been contravened. Dissatisfied with Radio Pacific's decision, Mr Sawyers referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...