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An appeal against this decision was allowed in the High Court and the complaint was referred back to the Authority for reconsideration: CIV 2010-485-225 PDF136. 55 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurateFindingsStandard 5 (accuracy) – item was a factual programme – interviewee made statements of fact that were material to topic under discussion – accusations extremely serious – broadcaster did not make reasonable efforts to assess the veracity of the accusations – upheld by majorityNo OrderThis headnote does not form part of the decision....

Summary Good Morning’s nutritionist interviewed a representative from the International Soy Advisory Board and demonstrated the use of soy products in cooking in a broadcast by TVNZ on TVOne on 3 May 1999 beginning at 10. 00am. Mr James of Whangarei complained to Television New Zealand Ltd that the programme was unbalanced, unfair and inaccurate as it did not warn viewers of the known health risks of using soy products, nor did it reveal that the guest was either a consultant to or an employee of a company which markets the products. TVNZ responded that the programme did not purport to investigate the merits of soy products, but was essentially a cooking demonstration carried out while the guest discussed the principal ingredient. It maintained that as research on the benefits of soy products was equivocal, it was not in a position to judge whether the broadcast was accurate....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about new pricing structures for national calls at Telecom – graphic stated $0. 08c per minute on national calls – correct price $0. 18c per minute – allegedly inaccurateFindingsStandard 5 (accuracy) – graphic inaccurate – significant mistake requiring correction – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast on TV3 at 6:00pm on 26 August 2004, contained an item on new pricing structures at Telecom for national calls. During the item, a graphic noted the following: “Anytime Plan” National Calling: $0. 08c per minute National Capped: $2. 75 (up to two hours) Home to Mobile: $0. 48c calls to 027 & 025, $0. 55c calls to 021 & 029 [2] The correct price for national calls was in fact $0. 18c per minute....

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Download a PDF of Decision No. 1992-055:John Carter MP and Television New Zealand Ltd - 1992-055 PDF359. 68 KB...

Summary[This summary does not form part of the decision. ]An item on ONE News reported on incidents of violence in Israel and Palestine. The newsreader said, ‘Road blocks are in place and thousands of police and soldiers are patrolling across Israel as it tries to stop a wave of violence’, and then crossed to a correspondent reporting from East Jerusalem. The item also went on to report on other incidents of violence between Israelis and Palestinians, including in Gaza. The Authority upheld a complaint that the item was inaccurate because East Jerusalem is internationally recognised as being part of Palestine, not Israel, and viewers would have been misled into thinking that much of the violence took place in Israel. Upheld: AccuracyNo OrderIntroduction[1] An item on ONE News reported on incidents of violence in Israel and Palestine....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu 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 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Download a PDF of Decision No. 1990-019:Flook (on behalf of the New Zealand National Party) and Radio New Zealand Ltd - 1990-019 PDF467. 22 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item reported that colostrum from cows’ milk was being used to cure a variety of illnesses – allegedly unbalanced and inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item reported a new product which was claimed to be a cure for a wide variety of illnesses – discussed a controversial issue of public importance – no alternative viewpoints were presented which questioned the product’s effectiveness or the scientific proof behind it – unbalanced – upheld Standard 5 (accuracy) – reporter adopted the position put forward in the story that colostrum was a miracle cure – news was not impartial – viewers would have been misled – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

Download a PDF of Decision No. 1991-007:Wright and Television New Zealand Ltd - 1991-007 PDF444. 29 KB...