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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

ComplaintNine to Noon – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

ComplaintOne News, Tonight, Assignment – inaccurate, reports of new evidence about William Sutch trial FindingsStandard G14 – not inaccurate – no uphold Standard G19 – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Items on One News and Tonight, broadcast on 30 March 2000 at 6. 00pm and 10. 30pm respectively, examined what was described as new evidence relating to the 1975 trial of Dr William Sutch. The reports arose in the context of an Assignment programme, also broadcast that evening, in which the historic charges against Dr Sutch were reviewed. Simon Boyce complained that claims made in the two news bulletins were not substantiated in the Assignment programme, and that a still photograph shown in the news item was a misrepresentation of events. He also complained that the Assignment programme was inaccurate because it contained unsubstantiated allegations....

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 112/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAME THEA MULDOON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

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....

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....

Download a PDF of Decision No. 1991-037:Ngaei and Radio New Zealand Ltd - 1991-037 PDF727. 04 KB...

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....