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ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Complaint3 News – map used as backdrop factually inaccurate/misleading – New Zealand depicted as same length as north/south axis of Australia FindingsStandard G1 – graphic – not a fact – no uphold Standard G14 – not news – no uphold This headnote does not form part of the decision. Summary The graphic which forms the backdrop to 3 News features a map of the world with New Zealand depicted as being the same length as the north/south axis of Australia. D J Hamilton complained to TV3 Network Services Ltd, the broadcaster, that the map was factually inaccurate. He said it could be "subconsciously misleading" to students of geography and to the viewing public. TV3 responded that it did not consider the accuracy or otherwise of the studio backdrop to raise any issue of broadcasting standards. The broadcaster said the backdrop did not purport to be a fact....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on vandalism at Horowhenua Rowing Club – included footage of the complainant verbally abusing a kayaker, and interview with complainant – allegedly in breach of broadcasting standardsFindingsStandard 6 (fairness) – item suggested that the complainant may have been responsible for the vandalism – however, the complainant was provided with a fair and reasonable opportunity to rebut that suggestion and the reporter made it clear that no one had been charged for the vandalism – the complainant explained his behaviour as depicted in the footage – use of the term “uncle” to link the complainant and a young rower would not have changed viewers’ impression of the complainant or the situation – reference to assault conviction was correct at the time of broadcast – overall, complainant treated fairly – not upheldStandard 5 (accuracy) – use of the term “uncle”…...

Download a PDF of Decision No. 1993-115:Tawhai and TV3 Network Services Ltd - 1993-115 PDF300. 14 KB...

Summary [This summary does not form part of the decision. ] During KPMG Early Edition, the host read out an opinion piece criticising Israel’s actions in the Israel-Hamas conflict. She referred to a recent bombing of a UN school which ‘killed everyone inside’. The Authority upheld the complaint that this was inaccurate, as in fact 16 out of 3,300 people sheltering in the school were killed. It did not uphold the complaint other statements were inaccurate, as they were clearly the host’s opinion. The Authority did not make any order, as publication of this decision is sufficient to correct the error. Upheld: Accuracy No Order Introduction [1] During Newstalk ZB’s KPMG Early Edition the host read out an opinion piece about the current Israel-Hamas conflict, in which she was heavily critical of Israel’s actions....

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a Swedish historian and author. During the interview, the presenter allegedly quoted former Finance Minister, Sir Roger Douglas. At the end of the item, the presenter also read out negative and critical comments from listeners about the interview. The Authority did not uphold a complaint that the presenter’s statement, allegedly attributed to Sir Roger Douglas, was inaccurate, and that reading out the comments received was offensive. The statement was not a material point of fact in the context of the item and would not have affected listeners’ understanding of the item as a whole, which was focused on the views and work of the interviewee. Further, listeners were unlikely to have understood the statement to be a direct quote from the former Finance Minister, and would not have been misled....

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint under the accuracy standard about a 1News report on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged the broadcast’s framing of the Treaty principles as partnership, participation, and protection (the Three Ps) was ‘incomplete and confused’, and describing the Bill’s three principles as ‘new’ erroneously suggested the Bill was rewriting the Treaty principles. The broadcast stated, ‘there are no principles that have been expressly defined or set out in law’ and recited the Three Ps as the ‘current main three principles’. In the context of the segment, the reporter’s comments were unlikely to mislead viewers, and any potential harm caused was not at a level justifying intervention. Additionally, it was not misleading, in the context, to refer to the Bill’s three principles as ‘new’. Not Upheld: Accuracy...

The Authority has not upheld a complaint an item on 1 News concerning the deaths of over 125 people at Kanjuruhan Stadium in Indonesia breached the balance and accuracy standards. The complainant alleged it was offensive and careless to compare this tragedy to the 1989 Hillsborough disaster, as in Hillsborough the ‘fans played no role in causing the disaster. ’ The Authority found the balance standard did not apply as the broadcast’s mention of other disasters at football stadiums did not constitute a ‘discussion’ for the purposes of the standard. It did not uphold the complaint under the accuracy standard as it was not misleading to suggest Hillsborough was one of football’s worst tragedies. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint about an interview with National Party Leader Christopher Luxon on Q+A with Jack Tame. The complaint alleged Tame was disrespectful and hostile to Luxon, and asked invasive personal questions, in breach of the fairness, balance and accuracy standards. The Authority did not consider Tame’s questions or comments went beyond a level of robust scrutiny or challenge that could reasonably be expected in an interview with the Leader of the Opposition on their party’s policies, particularly in the lead-up to a general election, and therefore the fairness standard was not breached. The complaints under balance and accuracy each concerned matters not addressed by the relevant standard. Not Upheld: Fairness, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that statements made during Uncharted with Sam Neill were inaccurate. A complaint was made that host Sam Neill and an interviewee during the programme implied that missionaries primarily came to New Zealand for the purpose of acquiring land, which was misleading and misrepresented their good work. The Authority considered that the programme was clearly framed from the outset as a chance for untold or unexplored stories and perspectives to be expressed. In these circumstances, the Authority found that the statements complained about were clearly distinguishable as analysis, comment or opinion and were therefore not subject to the requirements of the accuracy standard. The Authority’s intervention in upholding the complaint would therefore represent an unreasonable and unjustified limit on the right to freedom of expression....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Campbell Live – item discussed several current events in relation to global warming – contained a report from Britain’s ITN television station on the effects global warming was having on penguins in Antarctica – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item’s introduction presented the ITN item as providing factual evidence on global warming – statement regarding percentage of sea ice reduction in Antarctica inaccurate – statement that only humans can change the fate of penguins not clearly distinguishable as commentary – contrary to guideline 5d – upheld No Order This note does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 December 2007, looked at several international current events relating to global warming....

SummarySome customer complaints that Telecom had "hijacked" users of other telephone companies were investigated in an item on 3 National News, broadcast between 6. 00–7. 00pm on 1 December 1997. "Hijacking" involves diverting customers, without their permission, from other telephone companies to the "hijacker". The solicitors for Telecom New Zealand Ltd complained to TV3 Network Services Ltd, the broadcaster, that the item was unfair and unbalanced in both its preparation and presentation in alleging that Telecom was the only company involved in this activity, and that it was occurring on a substantial scale. A balanced item would have reported that unauthorised diversions were rare, and were undertaken by other companies as well, the complainant wrote. On the basis that the item accurately reported Telecom's claim that other companies signed up customers against their will, TV3 declined to uphold the first part of the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintTonight – item on papal visit to Jerusalem – reference to Israel – inaccurate FindingsStandard G14 – reference ambiguous – implicitly included area beyond Jerusalem – no uphold This headnote does not form part of the decision. Summary A news reporter presenting a report on the papal visit to Jerusalem described himself as being in Israel when the scene depicted showed he was in East Jerusalem. The item was broadcast on Tonight on TV One at 10. 30pm on 23 March 2000. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate, as she maintained that East Jerusalem was not in Israel. In its response, TVNZ said the reference to Israel in the item was not inaccurate, although it conceded that the reporter’s description did not conform to its house style. It declined to uphold the complaint....

ComplaintBoxing: De la Hoya v Mosely – boxing – omission of action between rounds – misleading – distorted editingFindings(1) Standard G1 – no inaccuracy – no uphold (2) Standard G19 – editorial discretion – no uphold This headnote does not form part of the decision. Summary Boxing: De la Hoya v Mosely, a world championship boxing bout between Oscar De la Hoya and Shane Mosely, was broadcast on TV3 on 18 June 2000 between 4. 00pm and 6. 00pm. John Reynolds complained to TV3 Network Services Ltd, the broadcaster, that the coverage was of a portion of the fight only, as the events and activities which took place between rounds were not screened, in favour of commercial breaks. Mr Reynolds said that this "integral" part of the match was deliberately omitted, and that this was misleading and unfair....