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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B A MUDFORD of Matamata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...
ComplaintEdwards at Large – interview with complainant – host a media adviser to Prime Minister – programme funded by NZ On Air of which host’s wife was a board member – questions about these issues raised in Parliament by complainant – complainant alleged the item unbalanced and partial – broadcaster upheld complaint that programme was partial – written apology – complainant dissatisfied with both extent of complaint upheld and action taken FindingsStandard 4 – balanced debate – no uphold Action taken – letter included TVNZ’s Chief Executive’s explanation – sufficient – no uphold This headnote does not form part of the decision. Summary [1] Mr Hide MP was interviewed on Edwards at Large about some questions he had asked in Parliament concerning the funding of the programme and the linkages between the host, Dr Brian Edwards, his wife Judy Callingham, the Labour Party, and NZ On Air....
ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...
ComplaintOne News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of ombudsman’s decision contrary to agreement before interview – unfair – distortion Interlocutory Decision 2001-ID001 – order to TVNZ to supply field tape to the Authority Interlocutory Decision 2001-ID002 – order to supply field tape to the complainant FindingsStandards G4 and G19 – item explained issue dealt with in Chief Ombudsman’s ruling – extract did not distort Chief Ombudsman’s comments – Chief Ombudsman not dealt with unfairly – no uphold Standard G1 – item’s introduction inaccurate – upholdNo Order This headnote does not form part of the decision. Summary A ruling by the Ombudsman that a person seeking a taxpayer-funded sex-change operation had been treated unfairly by the health bureaucracy was dealt with in an item on One News, broadcast on TV One between 6. 00–7....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....
ComplaintEyes Wide Shut – film – screened at 9. 30pm during school holidays – sexual content – unsuitable for children Findings Standard 1 and Guideline 1a – not relevant Standard 9 and Guidelines 9a, 9b & 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] Eyes Wide Shut was a film broadcast during the school holidays, on TV2 at 9. 30pm on Tuesday 21 January 2003. The film was preceded by a warning which cited "strong sexual content", "nudity" and "drug use", and it was classified AO. [2] Cherry Smith complained to Television New Zealand Ltd, the broadcaster, that by not providing sufficient information about the film prior to its broadcast, TVNZ failed to consider the interests of children....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about rescue helicopter trip to Raoul Island following volcanic eruption – one DOC worker missing – member of rescue team commented that supplies included a body bag – complaint that reference to body bag was hurtful to missing worker’s family and item allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – news item dealt with reality of situation – not upheldThis headnote does not form part of the decision. Broadcast [1] The organisation of a rescue team to fly to Raoul Island to search for a missing Department of Conservation staff member, following a volcanic eruption, was dealt with in an item on One News broadcast on 17 March 2006 beginning at 6. 00pm. The logistics of the helicopter flight were covered as was previous volcanic activity on the island....
This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Two items broadcast on One News in respect of the Israeli-Palestinian conflict – no mention of occupation by Israel – West Bank described as “disputed” – allegedly unbalanced and inaccurateFindingsAuthority has no jurisdiction to accept referralThis headnote does not form part of the decision. Broadcast [1] One News broadcast two items at 6pm on Monday 23 May 2005. The first item covered United States’ First Lady Laura Bush’s visit to Jerusalem, where the report noted she visited “Jericho, on the disputed West Bank”. [2] The second item covered a visit by President Sharon of Israel to the United States, where he encountered opposition from Jewish groups to the planned withdrawal from Gaza by Israel. Correspondence [3] Serena Moran, on behalf of the Wellington Palestine Group, complained to Television New Zealand Ltd, the broadcaster, in respect of both items....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on Big Wednesday Lotto draw – presenter stated that ticket holders had a one in 2. 7 million chance of winning – allegedly inaccurate FindingsStandard 5 (accuracy) – item technically inaccurate – upholding the complaint would place an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast at 6pm on Wednesday 10 June 2009, reported on a Lotto “Big Wednesday” draw that had jackpotted to twenty million dollars. The presenter introduced the item by saying: In just over an hour, some lucky punter could be twenty million dollars richer in what would be the country’s largest ever Lotto win. Big Wednesday’s jackpotted to include twenty million dollars cash, there’s only a one in 2....
Complaint under section 8(1A) of the Broadcasting Act 1989One News – item reported on an Auckland homicide – showed victim’s wife and three teenage children being driven away in police car – allegedly in breach of privacy Findings Standard 3 (privacy) – footage of police car was taken in a public place – victim’s family likely vulnerable but disclosure of footage not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] On One News, broadcast on TV One at 6pm on 26 September 2008, it was reported that a man had been stabbed and killed in Auckland. In the following item, One News reported from the suburb in which the man lived and interviewed one of his work colleagues, a man who witnessed the incident, and a member of the Auckland Police....
ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....
Complaint under section 8(1A) of the Broadcasting Act 1989Police Ten 7 – programme about work of New Zealand police – filmed execution of search warrant at complainant’s property – programme included footage of street, driveway and house, the complainant and other occupants – stated complainant was subsequently convicted for possession of cannabis and fined – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – MA had an interest in seclusion – broadcast of footage was an offensive intrusion in the nature of prying – MA did not provide consent – public interest did not outweigh breach of privacy – upheld OrderSection 13(1)(d) – payment to the complainant for breach of privacy $1,500 Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989TVNZ News Now – item contained footage of teenage girl beating another and two girls fighting – item was not preceded by a warning – broadcaster upheld the complaint under responsible programming, children’s interests and violence standards – action taken allegedly insufficient FindingsStandard 8 (responsible programming), Standard 9 (children’s interests) and Standard 10 (violence) – item carried a high level of public interest and would have been acceptable for broadcast if preceded by a warning – TVNZ correct to uphold the complaint but action taken was sufficient in the circumstances – not upheld This headnote does not form part of the decision. Broadcast [1] During TVNZ News Now, broadcast on TVNZ 7 at 8am on Sunday 27 March 2011, the news reader introduced a story, saying: There’s serious concern from schools about the rise in physical violence among teenage girls....
Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....
A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch....
Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out viewer feedback regarding Fiji’s involvement in Pacific Islands Forum – made comment “you ungrateful swine” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comment directed at Fijian leaders – not a section of the community to which standard applied – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 5 August 2010, two MPs were invited onto the programme to discuss New Zealand’s involvement in the Pacific Islands Forum; a topical issue because the 41st leaders meeting was at that time being held in Vanuatu....