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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BERNARD GADD of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority did not uphold a complaint that an episode of the talkback programme Dasam Granth Da Sach breached the accuracy standard. The host, while engaged in discussion with a caller, had made statements that the complainant alleged were unsubstantiated comments about a historical event that had the potential for disrupting harmony between the Sikh and the Hindu communities. The Authority found that the accuracy standard did not apply in this instance as the programme was not a news, current affairs or factual programme and the relevant statements were clearly distinguishable as analysis, comment or opinion, rather than statements of fact. Not Upheld: Accuracy...

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....

Summary Good Morning’s nutritionist interviewed a representative from the International Soy Advisory Board and demonstrated the use of soy products in cooking in a broadcast by TVNZ on TVOne on 3 May 1999 beginning at 10. 00am. Mr James of Whangarei complained to Television New Zealand Ltd that the programme was unbalanced, unfair and inaccurate as it did not warn viewers of the known health risks of using soy products, nor did it reveal that the guest was either a consultant to or an employee of a company which markets the products. TVNZ responded that the programme did not purport to investigate the merits of soy products, but was essentially a cooking demonstration carried out while the guest discussed the principal ingredient. It maintained that as research on the benefits of soy products was equivocal, it was not in a position to judge whether the broadcast was accurate....

ComplaintOne News – inaccurate to state that Maori have a direct genealogical link with flora and faunaFindingsStandard G1 – clearly identified as a belief – no uphold This headnote does not form part of the decision. Summary The Maori perspective on the genetic engineering debate featured in an item broadcast on One News on 18 September 2000. It was explained that Maori opposition to genetic engineering was based on traditional beliefs, including that Maori were descended from flora and fauna. Mr R D Hutchins complained to Television New Zealand Ltd, the broadcaster, that it was "astoundingly untrue" to suggest that human beings were descended from plants and the various insect, reptile, bird and rat species of New Zealand. TVNZ emphasised that the statement had a cultural context and, within that cultural dimension, the statement to which Mr Hutchins took exception had not breached standard G1....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host commented that Māori Television had complained to the BSA about comments he had made in an earlier broadcast – referred to Māori Television as “racist, separatist, and apartheid” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly opinion – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision. Broadcast[1] On 16 June 2006 on Radio Pacific at approximately 6. 10am, the host John Banks commented that Māori Television had complained to the Broadcasting Standards Authority about comments he had made in an earlier broadcast....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – presenter allegedly implied that all of Jerusalem was located in Israel – allegedly inaccurateFindings Principle 6 (accuracy) – item did not imply that Jerusalem belonged to Israel – not upheldThis headnote does not form part of the decision. Broadcast [1] On Morning Report broadcast on National Radio on 15 March 2004 at approximately 7. 15am, a news item was introduced as follows: And now to Israel where at least nine people have been killed in a double suicide bombing at one of the country’s busiest ports earlier today. Two Palestinian militant groups have claimed joint responsibility for the attack. The Independent’s correspondent in Jerusalem, Eric Silva, joins us now. Complaint [2] On behalf of the Palestine Human Rights Campaign, David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the introduction was inaccurate....

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

Download a PDF of Decision No. 1992-089:Smith and Television New Zealand Ltd - 1992-089 PDF263. 7 KB...

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

The Authority has not upheld a complaint about references to Advance NZ/New Zealand Public Party co-leader Billy Te Kahika spreading misinformation and conspiracy theories, during a panel discussion on Te Ao with Moana. The episode included two online panel discussions about the issue of misinformation on social media and its implications for Māori in particular. Noting that two other episodes of the programme broadcast in the preceding weeks had allowed considerable time to Mr Te Kahika to put forward his position on these issues, the Authority did not find any breach of the balance, accuracy or fairness standards. Not Upheld: Balance, Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DENNIS FRANK of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....