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ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold – no order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player....

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

Summary A reduction in unemployment levels was illustrated by use of a graph in a news item broadcast on One Network News on 4 November 1999 between 6. 00–7. 00pm. Mr Kammler complained to Television New Zealand Ltd, the broadcaster, that the visual message of the graph was distorted because the vertical axis had not started at zero. As a result, he said, the decline in the unemployment level appeared to be greater than it actually was. In his view the item had not reflected the truth. TVNZ acknowledged Mr Kammler’s argument, but said it was necessary to see the graph in its television context, where its function was to convey a stylistic indication of a trend, rather than being very specific information – such as in a written text – which could be referred back to later....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – programme asked viewers for their opinions on changing the New Zealand flag – showed five flag options – allegedly inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate on material points of fact or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 5 February 2010, asked viewers for their opinions on changing the New Zealand flag. The programme ran a poll to determine viewers’ preferences for a proposed flag and provided them with five different options to choose from....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – skit clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 10 September 2007, featured a skit of the Campbell Live show in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin. During the skit, the actor playing the stingray discussed how he had not meant to kill Mr Irwin, and coughed up a piece of khaki clothing (Mr Irwin’s regular attire)....

The Authority has not upheld complaints an item on 1 News reporting on events the day of Kellie-Jay Keen-Minshull’s (also known as Posie Parker) Auckland rally, including her decision to abandon the event, breached the balance standard. The complainants were concerned with: the item’s description of Parker as ‘anti-trans’; the lack of interviewees supporting Parker in the reports; and the ‘attitude and tone of reporters’ covering the story. The Authority found the item was sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views). Further, the standard is not directed at ‘bias in and of itself’, meaning broadcasters are entitled to present matters from particular perspectives or with a particular focus. Not Upheld: Balance...

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

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 1989One News – New Zealand Labour Party Opening Address included discussion about Capital Gains Tax – showed list of countries entitled “OECD countries with some form of tax capital” which included Singapore – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air TV Code – inclusion of Singapore in list graphic was not a material point of fact – Singapore was not referred to verbally – broadcaster and the Labour Party acknowledged that it was an error and it will not appear in future broadcasts – Opening Address not misleading or inaccurate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a newsreader’s use of the term ‘rogue state’ in the introduction to a news item, referring to North Korea. The item reported on the resumption of peace talks between the leaders of the United States and North Korea, and segued into an investigation about the effects of economic sanctions on the people of North Korea. The complaint was that using the term was biased and lacked balance, and the term was better suited to describe the United States. In its decision the Authority noted that the term complained about was used only once, fleetingly, in the newsreader’s introduction and would not have affected viewers’ understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime....

Summary [This summary does not form part of the decision. ]A ONE News item reported on the most recent report of the IPCC and summarised some of the report’s findings, including predictions of more frequent storms and droughts. The Authority did not uphold the complaint that the summary was inaccurate, as the broadcaster provided information demonstrating a sufficient basis for the statements made. Not Upheld: Accuracy, Responsible ProgrammingIntroduction[1] A ONE News item reported on the most recent report (AR5 Report) released by the Intergovernmental Panel on Climate Change (IPCC). The item was introduced:Rising sea levels, more extinct species and possible food shortages. That’s the grim prediction by a global gathering of top scientists who say, for the first time, we are responsible for climate change. And as [reporter’s name] reports, New Zealand’s set to feel the heat too....

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....

The Authority has not upheld a complaint about a 1 News item investigating Waka Kotahi’s communications around its use of glyphosate. The complainant stated the item was unbalanced as it did not present views supporting glyphosate’s safety. The Authority found, as the broadcast was narrowly focused on one aspect of a larger debate around glyphosate use, no further balancing material relating to glyphosate safety was required. It noted the item had signalled the existence of other views and glyphosate’s safety was the subject of ongoing media coverage. Accordingly, viewers could reasonably be expected to be aware it was the subject of competing points of view and were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOANNE DACZO of Pirongia Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-151 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MORRIS CHEER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-015 Dated the 27th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AUCKLAND TROTTING CLUB (INC) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...