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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

This decision has been amended to remove the names of persons who were not a party to the complaint....

ComplaintRadio Pacific – Solid Gold – The Edge – The Rock – messages broadcast over 4 days asking anyone who knew whereabouts of complainant to contact The RadioWorks – improper use of missing person report – unfair – breach of privacy FindingsPrinciple 3, guideline 3a – privacy principle (iii) – disclosure of name because of a company’s unpaid debt – intrusion into seclusion – majority uphold; privacy principle (iv) – no intention to ridicule – no uphold; privacy principle (v) – no public interest in name disclosure – majority uphold Principle 5, guideline 5c – reference to complainant unfair – majority uphold No Order This headnote does not form part of the decision....

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – update on a 2005 story about a Chinese family – father had been deported and mother was fighting a deportation order – interviewed the couple’s three children – daughter was shown distressed and in tears – allegedly unfair Findings Standard 6 (fairness) – broadcaster failed to use discretion and sensitivity when interviewing child about a distressing situation – child was exploited – unfair – upheld Order Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $1,500 This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 14 November 2006, discussed a long-running court case involving a Chinese couple who had come to New Zealand on a working visa more than a decade ago....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

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(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....

ComplaintNew Rulers of the World – promo for the John Pilger documentary – answer to one question presented as answer to another – unfair and deceptive – complaint upheld – in-house action taken FindingsSerious breach – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] The John Pilger documentary, The New Rulers of the World, was screened on TV One at 9. 45pm on 10 October 2001. In a promo broadcast earlier, Mr Fisher of the IMF was seen to respond to a statement from Mr Pilger saying "what are you asking me this question for". However, during the broadcast it was apparent that this response was made to another unrelated question. [2] P G Hatton complained to Television New Zealand Ltd, the broadcaster, that the promo, by using this editing practice, was unfair and lacked objectivity....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Download a PDF of Decision No. 1993-117:Kerr and TV3 Network Services Ltd - 1993-117 PDF494. 67 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...