Search Rapua

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

ComplaintOne News – file footage of partly naked meningitis victim – unconscious – privacy FindingsPrivacy principles (i), (ii), (vi) and (vii) – facts not highly offensive and objectionable – public interest and consent defences – no uphold This headnote does not form part of the decision. Summary File footage of an unconscious man then suffering from meningococcal meningitis was shown during an item on One News broadcast on TV One between 6. 00 and 7. 00pm on 30 April 2000. Kathleen Hobo complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the footage breached the man’s privacy, as he was filmed naked, except for a disposable nappy. In its response, Television New Zealand Ltd, the broadcaster, said that the man’s mother had consented to the filming before the original broadcast, and that it considered the rebroadcast footage was neither voyeuristic nor exploitative....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about Minister of Foreign Affairs Winston Peters’ visit to Washington DC – questioned Mr Peters’ interruption of American senator during interview – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – media agreement with Mr Peters not controversial issue of public importance – journalists’ perspective not required – not upheld Standard 5 (accuracy) – footage of interview not edited in the way alleged by complainant – not misleading or inaccurate – not upheld Standard 6 (fairness) – footage of interview not edited in the way alleged by complainant – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Summary[This summary does not form part of the decision. ]ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached. Not Upheld: PrivacyIntroduction[1] An item on ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day....

Complaint under section 8(1)(b) of the Broadcasting Act 1989One News – item on man who had been stabbed in the upper thigh by a stingray barb – complainant alleged that man’s testicles were visible as he showed the camera his wound – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – complainant mistaken – man’s testicles not visible – 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 25 October 2007, reported on a fisherman who had been stabbed in the upper thigh by a stingray barb. The item included an interview with the man in hospital, during which his wound was shown to the camera. The man’s underpants were partially visible underneath his gown....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item explained where bank loans come from – allegedly inaccurate Findings Standard 5 (accuracy) – item gave accurate description of how bank loans are created – 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 20 October 2008, was introduced as follows: The global credit crunch is forcing more governments to prop up their banks and guarantee borrowing. So what does that mean for New Zealanders trying to get a loan? In tonight’s special report we send Garth Bray to find out where the money you borrow comes from. [2] Reporting from a kitchen, Mr Bray offered the following explanation: Think of a bank loan like baking a cake....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the use of 1080 poison on the South Island’s West Coast and the tensions it was causing in the community – included video footage of a confrontation between a contractor involved in the 1080 programme and anti-1080 protestors – allegedly in breach of privacy Findings Standard 3 (privacy) – video footage was taken in a public place – complainant not in a state of vulnerability – 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 Tuesday 5 August 2008, reported on protestors clashing with contractors over the use of 1080 poison on the West Coast of New Zealand’s South Island....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

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....

ComplaintOne News – report referred to film "Austin Powers – The Spy Who Shagged Me" – "shagged" – offensive language FindingsStandard G2 – decline to determine Cross ReferenceDecision No: 1999-163 This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 12 January 2000 described the development of a new open top sports car by Jaguar. In that context, reference was made to the film "Austin Powers – The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that "shagged" was an offensive, aggressive and macho anti-woman term which was unacceptable for broadcast at a time when children were encouraged to watch television....

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(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....