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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – two “coming up” promos and opening segment of One News reported that an actor had been “gunned down” by police – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – use of the term "gunned down" not misleading – not upheld Standard 6 (fairness) – police representative was given opportunity to explain why the shooting occurred – police treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A “coming up” promo for One News was broadcast at 5. 41pm on Thursday 27 July 2009. The promo included a brief report which stated: Coming up on tonight’s One News, an actor is gunned down by police in a suburban Auckland street. [2] A second promo for the news was broadcast at 5....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the difficulties first-home buyers face in attaining a Government HomeStart financial grant. At the end of the item, the reporter discussed the increase in the number of overseas buyers in Auckland. During this segment, footage of three people walking into an open home from the road was shown. At the end of the item, this group and one other individual were shown getting into a car parked in the street, with the number plate clearly visible. The Authority did not uphold a complaint that this footage breached the group’s privacy. While the individuals walking to the car were identifiable, none of their personal details were disclosed, and they had no reasonable expectation of privacy in the circumstances....

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 – field tape sought to assist preparation of complaint – Broadcasting Act s. 12 Order: Order made to release field tape to complainant This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background An item on One News on 23 November 2000 reported on the case of Joanne Procter who was seeking a taxpayer-funded sex change operation. Her application had been approved by doctors at Waikato Hospital, but that decision had been overruled by the Health Funding Authority. She had taken her case to the Ombudsman, and the Chief Ombudsman had ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

Summary[This summary does not form part of the decision. ]ONE News reported on the recent death of a woman in Remuera and said her alleged attacker (who had name suppression) had appeared in the Auckland District Court that day. The reporter described the alleged attacker as a ‘24-year-old Pacific Island man’. The Authority did not uphold a complaint that the reference to the alleged attacker’s race was offensive and racist. The Authority acknowledged that the reporter’s commentary, which included racial identification, could be seen as unnecessary given that the ethnicity of the alleged attacker was no longer critical following his arrest. However, the reporter’s description of the man was factual, and the comments did not reach the high threshold for finding that the item encouraged discrimination against, or denigration of, Pacific Islanders as a section of the community....

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. ]An item on ONE News reported on KPMG's latest report showing that banks collectively made a record profit in the last financial year. In the second part of the item the reporter gave a 'very basic explanation' of how banks 'make their money'. The Authority declined to uphold complaints that the item was inaccurate and misleading because it was based on the 'money multiplier' model rather than the 'fractional reserve banking' model. Although simplified, the explanation was generally correct. Not Upheld: AccuracyIntroduction[1] An item on ONE News reported on KPMG's latest report showing that banks collectively made a record profit in the previous financial year....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about prisoner abuse at Abu Ghraib prison in Iraq – included pictures of tortured and humiliated prisoners – allegedly excessively violent and unsuitable for childrenFindingsStandard 9 and guidelines 9a, 9e, 9f (children’s interests) – major news item – sombre introduction included warning – children’s interests considered – not upheld Standard 10 and guideline 10g (violence) – care and discretion exercised – warning included – not upheldThis headnote does not form part of the decision. Broadcast [1] Previously unseen pictures of prisoner abuse at Abu Ghraib prison in Iraq were screened in an item on One News broadcast on TV One beginning at 6. 00pm on 16 February 2006. The item reported the way the American guards had allegedly tortured and humiliated the Iraqi prisoners....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the new Emissions Trading Scheme reported that “farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030” and that “agriculture is our biggest polluter” – allegedly inaccurate FindingsStandard 5 (accuracy) – acceptable shorthand for communicating a scientific concept to the audience – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 18 November 2009, discussed the Government’s new Emissions Trading Scheme. The news presenter introduced the item by saying: Farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030. The Prime Minister says the Agricultural Sector must pay its share under the Emissions Trading Scheme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – headline summary on the respective National Party and Labour Party plans to provide financial assistance to New Zealanders who lost their jobs as a result of the economic crisis – allegedly unbalanced and inaccurate Findings Standard 5 (accuracy) – statement that Labour’s policy applied to anybody who lost their job was inaccurate – headline summary would have misled viewers – upheld Standard 4 (balance) – subsumed into consideration of accuracy No Order This headnote does not form part of the decision. Broadcast [1] During a round-up of the day’s top stories on One News, broadcast on TV One at 6....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – footage of interpreter during murder trial – High Court ruled that interpreter’s image was not to be broadcast – allegedly in breach of privacy FindingsStandard 3 (privacy) – disclosure of complainant’s presence at trial would not be considered highly offensive by an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 23 July 2009 reported that the Justice Minister was calling for the repeal of the defence of provocation, following the conclusion of two murder trials. [2] The item included footage of both murder trials. Two brief shots of one of the defendants sitting in the dock were shown, with a woman sitting alongside the dock....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

ComplaintOne News – item about a sexual assault trial – unnecessarily violent and graphic material – broadcaster not mindful of the effect on children FindingsStandard 9 and Guideline 9a – no disturbing material – no uphold Standard 10 and Guideline 10g – no explicit details – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 8 April 2002, featured coverage of the trial of six secondary school students who had been accused of a sexual assault on a male class-mate. The reporter described some of the evidence heard in Court about the assault, including that a broomstick had been inserted up the victim’s anus. [2] Viewers for Television Excellence Inc....

Summary[This summary does not form part of the decision. ]A ONE News bulletin included an item on politicians' attendance at the Big Gay Out festival. The newsreader said, 'The community makes up to 10 percent of New Zealand's population and MPs were keen to show their support'. The Authority did not uphold the complaint that this statement and in particular the figure of 10 percent was inaccurate and misleading. It was expressed as an approximate figure only. There is no data available showing the exact size of the Lesbian, Gay, Bi-sexual and Transgender (LBGT) community against which to assess the accuracy of the statement. Not Upheld: AccuracyIntroduction[1] A ONE News item covered the Big Gay Out event in Auckland. The newsreader introduced the item by saying: The importance of the gay vote was evident today as a pack of politicians joined thousands at Auckland's Big Gay Out festival....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reviewed political career of Helen Clark – allegedly unbalanced Findings Standard 4 (balance) – item offered limited historical review of Helen Clark's time in Parliament – no discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 9 November 2008, reviewed the political career of the then leader of the Labour Party, Helen Clark, who was defeated in the New Zealand general election held the previous day. The One News presenter introduced the item by saying: So let's take a look at how Helen Clark's career stacks up. She is Labour's longest serving leader and the only one to win three terms as Prime Minister....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported that an 89-year-old man had been accused of helping to kill 28,000 Jews at a “Polish death camp” during World War II – broadcaster agreed item was inaccurate and instructed staff not to use the reference again – action taken allegedly insufficient FindingsStandard 5 (accuracy) – action taken appropriate and reasonable – not necessary to broadcast a correction – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 July 2009, reported that: An 89-year-old’s been accused of helping kill nearly 28,000 Jews in what’s set to be Germany’s last big Nazi war crimes trial. Prosecutors say retired American car worker John Demjanjuk was a guard at a Polish death camp during World War II....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....