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Malatios and Television New Zealand Ltd - 1998-071
1998-071

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Haggett and Television New Zealand Ltd - 1998-143
1998-143

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....

Decisions
Stewart and Television New Zealand Ltd - 2000-147
2000-147

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

Decisions
Winchcombe and Television New Zealand Ltd - 2022-126 (27 February 2023)
2022-126

Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....

Decisions
Hobbs & McNamara and Television New Zealand Ltd - 2023-025 (26 July 2023)
2023-025

The Authority has not upheld two complaints about an interview on Q+A with Jack Tame with recently-appointed Prime Minister Chris Hipkins, covering a wide range of topics. One complaint alleged Tame was rude and disrespectful in his interviewing style and showed ‘complete disregard for the position of the country's Prime Minister’. The other complaint alleged comments made by Tame about former Prime Minister Jacinda Ardern’s strengths particularly in the foreign policy sphere (including that she appeared on the cover of Vogue and had ‘soft power’) amounted to ‘misogyny’ by suggesting this was due to her looks, and reflected ‘bigoted views towards women’. The Authority found Tame’s interview style and questioning did not go beyond the level of robust scrutiny or challenge that could reasonably be expected in an interview with the Prime Minister on issues of high public importance....

Decisions
Thornton and Television New Zealand Ltd - 1994-018
1994-018

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 18/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID THORNTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Carswell and Television New Zealand Ltd - 2022-037 (18 May 2022)
2022-037

An item on Breakfast discussed shortages in the supply of cat food. The Authority did not uphold a complaint that the presenter’s and guest’s use of the phrases ‘fussy puss’ and ‘are pussies fussy’ breached the good taste and decency and children’s interests standards. The Authority found that the phrases would not have caused widespread undue offence or distress, and were unlikely to undermine or violate widely shared community norms. With regard to the children’s interests standard, noting that children were not the target audience for the programme and were unlikely to understand any sexual innuendo in the terms, the Authority considered any potential harm did not reach a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Mudford and Television New Zealand Ltd - 1995-036
1995-036

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...

Decisions
McDonald and Television New Zealand Ltd - 2011-020
2011-020

An appeal against the decision was dismissed in the High Court but the order for costs was quashed: CIV 2011-485-1836 PDF110. 08 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter stated that supernova was “240 light years from Earth” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989OrdersSection 16(1) – $50 costs to broadcasterThis headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast on TV One at 6pm on 6 January 2011, reported on the discovery of a supernova by a 10-year-old Canadian girl. During the item the reporter stated: The Canadian Astronomical Society says Kathryn’s supernova was in a galaxy 240 light years from Earth....

Decisions
Rodney Hide MP and Television New Zealand Ltd - 2002-178
2002-178

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

Decisions
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Decisions
Finau and Television New Zealand Ltd - 2019-016 (4 June 2019)
2019-016

The Authority has not upheld a complaint that two answers provided during Mastermind New Zealand, about historical New Zealand events, were inaccurate and unbalanced. The Authority noted that both questions appeared to have been answered accurately by the contestant. Viewers were unlikely to be left misled or misinformed by the omission of further context around these answers, particularly given the well-known quiz format of the programme. The programme did not discuss a controversial issue of public importance, given historical events were raised only briefly in the form of quiz questions, and the requirements of the balance standard therefore did not apply.   Not Upheld: Accuracy, Balance...

Decisions
Gough and Television New Zealand Ltd - 2012-095
2012-095

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Decisions
Shepherd and Television New Zealand Ltd - 1991-058
1991-058

Download a PDF of Decision No. 1991-058:Shepherd and Television New Zealand Ltd - 1991-058 PDF323. 74 KB...

Decisions
DS and Television New Zealand Ltd - 2011-144
2011-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Dog Squad – Dog Squad carried out routine checks of vehicles entering prison grounds – searched complainant’s car and stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay? ” – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant identifiable – footage disclosed private facts – disclosure highly offensive – upheld Order Section 13(1)(d) – $750 compensation to complainant for breach of privacy This headnote does not form part of the decision.  ...

Decisions
Sperry and Television New Zealand Ltd - 2012-076
2012-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Decisions
Sime and Television New Zealand Ltd - 2020-127 (30 September 2020)
2020-127

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included the statement, ‘Together we went hard and early to fight COVID. . . ’ The complaint was that this statement breached broadcasting standards because it should have said the Labour Party ‘went hard and late’, on the basis it could have taken ‘some action at the border’ earlier than it did, to protect New Zealanders. The Authority found the statement was clearly opinion and advocacy promoting the Labour Party, rather than a statement of fact, and that viewers were unlikely to be misled. There was no actual or potential harm caused, to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention....

Decisions
Ward and Television New Zealand Ltd - 2013-021
2013-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Seven Sharp – in reference to the ongoing Novopay debacle, the presenter stated, “how many of us still give a toss? ” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – Authority declines to determine the complaint on the basis it is frivolous in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] A promo for Seven Sharp, a New Zealand current affairs and entertainment show, contained the following dialogue: Presenter 1: Happy six-month anniversary, Novopay. Look at you, you’ve been an absolute dream come true [sarcastic voice]. Presenter 2: Yes, it’s the relationship from hell for teachers and the pay system, but be honest, how many of us still give a toss?...

Decisions
The Treasury and Television New Zealand Ltd - 1992-012
1992-012

Download a PDF of Decision No. 1992-012:The Treasury and Television New Zealand Ltd - 1992-012 PDF792. 6 KB...

Decisions
Palmer and Television New Zealand Ltd - 2019-005 (20 May 2019)
2019-005

The Authority did not uphold a complaint that an item on 1 News, which reported on the United States (US) government shutdown, breached the accuracy standard. The Authority found the statement: ‘The crisis began after Democrats refused to sign off on the President’s demands for eight and a half billion dollars to build a border wall with Mexico’, was unlikely to mislead or misinform viewers about the latest events in the US government shutdown, reported on during the item. The Authority noted that in the context of the item as a whole, the presenter’s comment was an acceptable shorthand introduction to the key issues reported on. Finally, in this case the Authority found that the broadcaster was not required, in the interests of accuracy, to specify that the amount sought for the border wall was reported in New Zealand dollars. Not Upheld: Accuracy...

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