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The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

Summary A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels. Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss made by naturopath – allegedly inaccurate Findings Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and become healthier. Series two of the programme was broadcast on Tuesday evenings at 7. 30pm on TV3 between September 2006 and June 2007. The Downsize Me! team consisted of Dr Simon Mayhew, personal trainer Lee-Ann Wann, and naturopath Damian Kristof. Complaint [2] Nikki Talacek made a formal complaint about the 22 and 29 May episodes of Downsize Me! to CanWest TVWorks Ltd, the broadcaster. She alleged that Standard 5 (accuracy) had been breached with respect to a number of statements....

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....

ComplaintDocumentary New Zealand – Mental Breakdown – three people suffering from serious mental illness – released into community – tragic results – documentary said to be unbalanced and inaccurate, and to have denigrated the mentally ill Findings Standard 4 – item’s focus on three cases where the mental health system had failed – balanced in view of narrow focus – not upheld Standard 5 – accurate in view of item’s focus – not upheld Standard 6 and Guideline 6g – no discrimination against or denigration of mentally ill in view of item’s focus – not upheldThis headnote does not form part of the decision Summary [1] Three cases involving people suffering from serious mental illness who were released into the community with tragic results were examined in a documentary broadcast on TV One. The programme Documentary New Zealand – Mental Breakdown was screened at 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

ComplaintSecret New Zealand – death of Norman Kirk – various theories explored – a conspiracy theory advanced linked death to trial of Dr Bill Sutch for spying – inaccurate details of trial – unfair FindingsStandard 5 – speculation advanced – not fact – no uphold Standard 6 – Dr Sutch not dealt with unfairly in context – no uphold This headnote does not form part of the decision. Summary [1] Secret New Zealand presented three perspectives on the death in 1974 of former Prime Minister, Norman Kirk. The series examined events in New Zealand which were not adequately explained at the time . The episode complained about was broadcast on TV One at 8. 00pm on 2 September 2002. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and unfair....

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food? , a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

Download a PDF of Decision No. 1991-013:Robertson and Television New Zealand Ltd - 1991-013 PDF...

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

Summary[This summary does not form part of the decision. ]An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. The Authority did not uphold a complaint that the documentary was unbalanced and misleading because it did not discuss the success of certain nationwide bullying prevention programmes. The documentary did discuss various anti-bullying programmes and was not otherwise misleading. Which anti-bullying initiatives to feature, and in what detail, was a matter of editorial discretion for the broadcaster. Not Upheld: Controversial Issues, AccuracyIntroduction[1] An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. [2] David White complained that the documentary was unbalanced and misleading because it did not discuss the success of nationwide bullying prevention programmes. [3] The issue is whether the broadcast breached the controversial issues and accuracy standards as set out in the Free-to-Air Television Code of Broadcasting Practice....

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....