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SummaryAward of Costs – Re Decision No: 1996-094 and 1996-095Pursuant to its powers under s. 16 of the Broadcasting Act 1989 to award such costs and expenses as are reasonable, the Authority has exercised its discretion to award costs to Allied Mutual Insurance Ltd, following its decision to uphold AMI's complaint about that Fair Go programme broadcast on TV One on 18 March 1996 lacked balance. The Authority records that it invited and received submissions from Allied Mutual Insurance Ltd and from Television New Zealand Ltd on the question of costs and, after careful consideration of the arguments from both parties, it decided an award of costs was appropriate in all of the circumstances of the case. CostsUnder s. 16 of the Broadcasting Act 1989, the Authority orders Television New Zealand Ltd to pay costs to Allied Mutual Insurance Ltd in the sum of $3000....

The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged? ’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines....

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected. Not Upheld: Good Taste and Decency and Children’s Interests...

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

Download a PDF of Decision No. 1993-166–167:Bardwell and Harang and Television New Zealand Ltd - 1993-166, 1993-167 PDF496. 64 KB...

Download a PDF of Decision No. 1992-098:Meroiti and Television New Zealand Ltd - 1992-098 PDF258. 04 KB...

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...

The Authority has declined to determine a complaint an item on 1 News was unbalanced for raising the possibility that Labour could lose the 2023 election. The balance standard did not apply to the concerns raised, and the broadcaster adequately responded to the concerns in the original complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Balance...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 94/94 Dated the 6th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has upheld a complaint that an episode of wildlife documentary series Our Big Blue Backyard, classified ‘G’ and broadcast on TVNZ 1 at 7. 30pm, breached the children’s interests standard. This was on the basis the episode should have instead been rated ‘PG’, to signpost to parents or caregivers that supervision was recommended for younger viewers. The episode featured a scene where a female bottlenose dolphin was pursued, trapped and mated with by a group of male bottlenose dolphins. The Authority found the scene went beyond audience expectations of the programme’s ‘G’ rating as it featured mature themes, graphic images, and was dramatised in such a way that it may have been alarming or distressing for any children watching, and required adult supervision and guidance. Upheld: Children’s Interests No Order...

The Authority has declined to determine a complaint alleging an episode of Seven Sharp breached the offensive and disturbing content standard, as one of the hosts used the phrase ‘bloody good buggers’. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances): Offensive and Disturbing Content...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura 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: 52/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A B EVANS of Dunedin 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: 131/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VALERIE O'BRIEN of Invercargill Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...