Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ERNSLAW ONE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

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. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-127 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK KEARNEY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/95 Decision No: 20/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KINGS COLLEGE of Auckland and its headmaster JOHN TAYLOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

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…...

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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...