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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 49/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER MINNIS of Marton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-012 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 100/94 Decision No: 101/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaints by GROUP OPPOSED TO ADVERTISING OF LIQUOR and ALCOHOL HEALTHWATCH Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 139/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID TROOP of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-050 Decision No: 1998-051 Decision No: 1998-052 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryAn item on Holmes, broadcast on TV One on 12 February 1999 beginning at 7. 00pm, referred to a contest "to conceive the first child of the new millennium". The presenter commented on "this first child of 2000", in describing the contest. Mr Butchart complained to Television New Zealand Limited, the broadcaster, that the statements were totally untrue. He said the next millennium began with the beginning of 2001, just as the first millennium began with 0001, and the second began with 1001. He sought a correction of what he called the untrue statements. TVNZ responded that it was accurate to reflect the fact that by broad popular consensus, the world (or that part of it which used the Christian calendar) would mark the birth of the new millennium as midnight passed on the last day of 1999. It declined to uphold the complaint....

SummaryA programme in the Documentary New Zealand series entitled "Hell for Leather" was broadcast on TV One on 14 June 1999 at 8. 30pm. It examined the fortunes of a footwear company managed by a prominent Maori businesswoman, as it struggled to avoid closure. Staff and management were seen to be severely stressed by the prospect of the business collapsing. Mr Christensen complained to Television New Zealand Ltd, the broadcaster, about the language used in a sequence where the manager and her staff were engaged in heated discussions regarding the company’s future. In his view, the language was unacceptable for broadcast, and should have been edited out. TVNZ responded that it considered the sequence to be important for contextual reasons as it revealed the extent of the strain the people were under....

ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out an email from the complainant – pronounced complainant’s last name incorrectly – host made comments responding to the complainant’s email – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant not identifiable – people who provide feedback cannot expect anonymity – not upheld This headnote does not form part of the decision. Broadcast [1] During a Breakfast segment called “On This Day”, broadcast on TV One at 6. 45am on 24 June 2009, the host referred to the “Jakarta incident” saying: On this day in 1982, a British Airways Boeing 747 en route from London to Auckland lost power in all four engines when it flew into volcanic ash off Indonesia. The pilots managed incredibly to glide the plane through the cloud of ash before restarting the engines and landing safely....

Summary[This summary does not form part of the decision. ]An item on 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference held in Bonn, Germany. During the introduction to the item, presenter Simon Dallow stated that ‘New Zealand emits a tiny fraction of the world’s greenhouse gases’. The Authority did not uphold a complaint that Mr Dallow’s statement was unbalanced, as no information was provided to viewers about New Zealand’s high per capita greenhouse gas emissions. The precise levels of New Zealand’s total greenhouse gas emissions were not ‘discussed’ during this item, which is required in order for the balance standard to apply. The introductory segment covered a wide range of topics related to climate change and the item as a whole primarily focused on the impact of climate change on low-lying nations such as Fiji....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression....

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

The Authority has not upheld a complaint concerning a reporter’s thanking and farewell on behalf of ‘the tangata whenua, from the indigenous people here in Aotearoa’ in an interview with Chilli from TLC. The complainant considered it was ‘highly offensive and racist to single out specific groups of people and not include all people of New Zealand’. The Authority found the standard did not apply, as the comments did not target a recognised section of the community for the purposes of the standard. In any event, the comments did not reach the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

As part of a news item on ‘main developments overnight’ in the war between Russia and Ukraine, a clip was shown where the presenter stated ‘This is footage we’re seeing from Ukraine, a Russian tank in the capital of Kyiv swerving to drive over the top of a car with someone inside. ’ The complainant alleged this was inaccurate, submitting it was actually a Ukrainian anti-aircraft vehicle which lost control and swerved into the vehicle. The Authority found that the exact type of military vehicle involved in the incident was not material to the broadcast and the accuracy standard did not apply to this point. In terms of whether the vehicle was attributable to Russian or Ukrainian forces, and whether the collision was deliberate, given conflicting reports it was unclear whether the broadcast was misleading on these points....

The Authority has declined to determine a complaint under the balance standard regarding an episode of Breakfast that referred to New Zealand as Aotearoa. The complainant considered the name Aotearoa should not be used to replace the country’s official name. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine: Balance (section 11(b) of the Broadcasting Act 1989 – in all the circumstances)...

Summary[This summary does not form part of the decision. ]An episode of the British police drama series Happy Valley depicted the murder of a police officer by one of the main characters. The Authority did not uphold the complaint that the incident and aftermath constituted 'over the top' graphic violence. The visual depiction of the violence was not gratuitous and was mostly implied or occurred off-screen. The level of violence was not unacceptable or unexpected in an AO-rated police drama series, and was justified by the narrative context. Not Upheld: Good Taste and Decency, Violence Introduction[1] An episode of the British police drama series Happy Valley depicted the murder of a police officer by main character Tommy Lee Royce. The police officer was shown being hit once by a vehicle driven by Tommy and it was implied she was then run over by the vehicle a second time....

The Authority has not upheld a complaint an item on 1 News, reporting on the destruction of the Kakhovka Dam in the region of Kherson, Ukraine, incorrectly attributed responsibility for the incident, and shelling of the region after the incident, to Russia. The Authority noted the broadcast did not state, either expressly or implicitly, who was responsible for the dam’s destruction. Further, while the Authority acknowledged the broadcast may have implied Russia was responsible for some shelling in the Kherson region, this suggestion was not inaccurate, and the broadcast did not state Russia shelled the region after the dam’s destruction. It accordingly found no breach of the accuracy standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint about two Breakfast interviews discussing the Government’s decision to reduce New Zealand’s methane emissions target – first with the Executive Director of Lawyers for Climate Action, then 45 minutes later with New Zealand Prime Minister Rt Hon Christopher Luxon. The complaint was that the interview approaches varied between the two interviewees, creating an ‘unfairness and imbalance’ for viewers. The Authority found no breach of the balance standard as significant perspectives were presented within the broadcast and both interviewees had ample opportunity to explain their positions. Further, the style and type of questions raised in each interview were a matter of editorial discretion for the broadcaster. The fairness standard did not apply. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...