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Decisions
Balfour and Television New Zealand Ltd - 2012-040
2012-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Sharp and TV3 Network Services Ltd - 1993-053
1993-053

Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...

Decisions
Werry and Radio New Zealand Ltd - 1994-057
1994-057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 57/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN S WERRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Gates and TV3 Network Services Ltd - 1996-096
1996-096

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-096 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SYLVIA GATES of Ashburton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
DX and Television New Zealand Ltd - 2021-160 (21 March 2022)
2021-160

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

Decisions
Nichols and Television New Zealand Ltd - 1998-047
1998-047

Summary An episode of The Way We Were, dealing with New Zealand’s involvement in overseas conflicts, was shown on TV One on 13 January 1998, beginning at 8. 00 pm. Part of the narration included the words, "the Brits let us down", in an aspect referring to the fall of Singapore and Japan’s expansion into the Pacific during World War II. Mr Nichols complained to Television New Zealand Limited, the broadcaster, that the statement, which he had heard as "let down by the Brits in 1941", was factually untrue and inaccurate, and a gratuitous insult to a friendly country. In declining to uphold the complaint, TVNZ claimed some historical justification for the statement....

Decisions
New Zealand Police and Television New Zealand Ltd - 1999-022
1999-022

Summary An item on 60 Minutes focussed on the Philadelphia Police Force, its Commissioner and its facilities and practices. The introduction to the item summarised some perceived problems of the New Zealand Police Force. The item was broadcast on TV One on 18 October 1998 commencing at 7. 30 pm. Deputy Commissioner Barry Matthews on behalf of the New Zealand Police complained to Television New Zealand Limited, the broadcaster, that the item was inaccurate. He also complained that the item was unbalanced in failing to allow New Zealand Police the opportunity to present their crime strategies, and explain why the American practices were inapplicable. TVNZ responded that the item was not about the New Zealand Police, and so input from them was unnecessary....

Decisions
Greet and Barnett MP and TV3 Network Services Ltd - 1999-138, 1999-139
1999-138–139

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Whaanga-Kipa and Māori Television - 2007-112
2007-112

Complaint under section 8(1)(a) of the Broadcasting Act 1989Native Affairs – item looked at the work Te Whanau Manaaki O Manawatu Trust was doing for Māori suffering from alcohol, drug and violence issues – item contained interviews with two people who were part of the trust’s recovery programmes – item contained footage of gang members – presenter made various statements about the interviewees – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – statement about being drug and alcohol-free related to the parties, not Mr B and Ms D themselves – statement relating to the trust’s DHB funding inaccurate – action taken by the broadcaster to rectify the inaccuracy appropriate in the circumstances – not upheld Standard 6 (fairness) – standard applies to individuals and organisations not communities – not unfair for the broadcaster to use library footage of gangs – not upheld This headnote does not form part of the decision.…...

Decisions
The Federation of Islamic Associations of NZ Inc and Television New Zealand Ltd - 2010-065
2010-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigating forced child marriages in New Zealand – contained interviews with a girl who said she was forced to marry a man who raped her, a representative from an organisation that provides refuge for migrant women, and the president of the Federation of Islamic Associations of New Zealand – allegedly in breach of accuracy, fairness, and discrimination and denigration standardsFindingsStandard 5 (accuracy) – comments made by interviewees were opinion and exempt from the accuracy standard under guideline 5a – item made it clear that the problem of forced child marriages was a cultural issue – viewers not misled – not upheldStandard 6 (fairness) – individuals and organisations taking part and referred to treated fairly – not upheldStandard 7 (discrimination and denigration) – item did not encourage denigration of, or discrimination against, Muslims – not upheldThis headnote does not form…...

Decisions
Bell and Television New Zealand Ltd - 2009-052
2009-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond The Darklands – programme was a case study of convicted murderer William Bell based on the recollections of friends, teachers and others as well as analysis by psychologist – programme disclosed the name of the street Mr Bell used to live on with his mother – included claims Mr Bell was abused by his family as a child and worked as a prostitute – allegedly in breach of privacy, accuracy and fairness standards Findings Standard 5 (accuracy) – programme was a case study – viewers would have realised that the interviewees and psychologist were not making statements of fact, but providing individual perceptions and analysis – not upheld Standard 6 (fairness) – programme not required to obtain comment from complainant – nature of programme – range of views and analysis provided were a fair reflection of the complainant – not upheld Standard 3 (privacy)…...

Decisions
Wood and CanWest TVWorks Ltd - 2006-079
2006-079

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item on 13 June about a 12-year-old Palestinian girl after six members of her family were killed by a shell on a Gaza beach – item suggested that shell was Israeli which had been fired in response to homemade rockets fired from Gaza – allegedly inaccurate for using falsified footage3 News – item on 14 June reported conflicting claims about who was responsible for the killing on the Gaza beach – denied by Israeli Defence Force (IDF) but Human Rights Watch said Israel was responsible – also included footage of another Israeli shell fired into Gaza which killed militants and innocent bystanders – allegedly unbalanced as it did not include evidence released by IDFFindingsStandard 4 (balance) – significant views advanced about controversial issue of public importance – not upheld Standard 5 (accuracy) – no evidence that falsified footage used –…...

Decisions
McArthur and CanWest TVWorks Ltd - 2005-111
2005-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Knight and Television New Zealand Ltd - 2004-139
2004-139

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – subtitled version – item on 90th birthday of Northland kaumatua – celebrations held in RSA – subtitles allegedly said that celebrations could not be held on marae because construction of local marae unable to proceed due to objections of local Pakeha – allegedly unbalanced and inaccurateFindingsSubtitled version of programme not retained by TVNZ – Authority had no evidence to establish what was said in subtitles – unable to determine despite procedural unfairness to complainant – declined to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989 ObservationComplaint originally only about subtitled version – Māori-language version referred to “Pakeha rednecks” – “rednecks” concern only brought to complainant’s attention in TVNZ’s response to her original complaint – Authority has no jurisdiction to determine concerns about Maori-language version as issue not raised in original complaintThis headnote does not form part…...

Decisions
Rae and Television New Zealand Ltd - 2022-133 (30 May 2023)
2022-133

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

Decisions
Girardin and Discovery NZ Ltd - 2023-039 (9 August 2023)
2023-039

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

Decisions
Bancilhon and Television New Zealand Ltd - 2022-094 (7 December 2022)
2022-094

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

Decisions
Chilton & New Zealand Greyhound Racing Association Inc and Discovery NZ Ltd - 2022-134 (7 March 2023)
2022-134

The Authority has not upheld complaints a segment on AM interviewing the SPCA’s Science Officer, Dr Alison Vaughan, breached the balance, accuracy and fairness standards. Dr Vaughan discussed the organisation’s desire to end commercial greyhound racing in New Zealand and invited viewers to contact the Minister of Racing to support that cause. The complainants considered the segment presented only one perspective on the issue and did not attempt to balance it with other perspectives. The Authority found the segment was clearly introduced as presenting a particular perspective, and other perspectives would have been known to viewers given the issue had long-standing interest in NZ. The segment was also materially accurate, or otherwise reflecting Dr Vaughan’s analysis, comment or opinion, to which the accuracy standard does not apply. The fairness standard did not apply as no organisation was referred to in the broadcast. Not Upheld: Balance, Accuracy, Fairness...

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