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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-168 Decision No: 1996-169 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DR JOHN READ of Auckland and NEW ZEALAND PSYCHOLOGICAL SOCIETY INC. Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The dissatisfactions expressed by a number of students at the New Zealand Film and Television School in Christchurch were examined in items broadcast on Holmes on 15 and 16 December 1998. A follow-up item was broadcast on Holmes on TV One between 7. 00–7. 30pm on 12 April 1999. The Managing Director of the New Zealand Film and Television School Ltd (Ms Marilyn Hudson) complained to Television New Zealand Ltd that the April item was unfair and unbalanced, and inaccurate in a number of respects. TVNZ considered that one aspect of the item was unfair, and in breach of the standards, as Ms Hudson was not advised that a telephone conversation between herself and a student, contained in the broadcast, was being recorded. It declined to uphold any other aspect of the complaint relating to the alleged inaccuracies or lack of balance....

Summary An item on Teletext reported on the death of a man from head injuries which he had sustained the previous day when visiting a motor cycle club. It also reported that three men who were at the scene "when he was beaten" were being interviewed. Ms MacDonald complained to Television New Zealand Limited, the broadcaster, that the item, which she said was broadcast on 7 September 1999, was fabricated and totally wrong. As the ex-wife of the dead man and on behalf of his two young sons, she said they had been devastated by the report. She sought a correction from the broadcaster. TVNZ responded that "a second news item following the autopsy" had not been published because of editorial pressures. It agreed that a later explanation should have been aired, and advised Ms MacDonald that it had been broadcast on Teletext on 10 September....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Bert Potter – programme was a case study of Bert Potter based on analysis by a clinical psychologist and recollections of former members of his Centrepoint commune – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programme was a case study by psychologist of Bert Potter and his involvement in Centrepoint – historical interest for viewers but no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccurate points of fact – programme would not have misled viewers – not upheld Standard 6 (fairness) – no individuals or organisations treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – panel discussion about power outage in Auckland – complainant alleged that programme gave the impression that the discussion was live, when it was pre-recorded – allegedly inaccurate, unfair and in breach of programme information standardFindingsStandard 5 (accuracy) – no statements of fact alleged to be inaccurate – standard does not apply – not upheld Standard 6 (fairness) – no person or organisation alleged to be treated unfairly – standard does not apply – not upheld Standard 8 (programme information) – standard requires viewers to be disadvantaged before breach will be found – no disadvantage to viewers – not upheldThis headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 12 June 2006, included a panel discussion about a recent power outage in Auckland....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

Complaint One News – war in Iraq – weapons of mass destruction described as cause of the war – inaccurate FindingsStandard 5 – expression of opinion – no uphold This headnote does not form part of the decision. Summary [1] Weapons of mass destruction were described as the "whole cause" of the war in Iraq in a news item reporting on the day’s events in Basra, broadcast on One News at 6. 00pm on 8 April 2003. [2] Bill Leonard complained to Television New Zealand Limited, the broadcaster, that the statement was inaccurate and should have been introduced with the words, "The US claims that …". [3] In response, TVNZ contended that the true causes of any war required an historical perspective. It also argued that the reporter advanced the claim with some scepticism....

Complaint3 News – shipment of nuclear waste – MOX fuel, not plutonium – not weapons grade – not for military use – misleading to imply shipment could be diverted for terrorist use FindingsStandard G14 – inaccurate, unfair, impartial – sources partial – implications not warranted on the facts – uphold OrderBroadcast of statement summarising decision This headnote does not form part of the decision. Summary Weapons-grade plutonium was being shipped through the Tasman Sea on its way to Japan, according to a news item on 3 News broadcast on 2 September 1999 at about 6. 30pm. It was suggested that Japan could use the plutonium for military purposes, and that the shipment’s passage posed a threat to New Zealand’s national sovereignty....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme – referred to “pollution”, “polluters” and “carbon” – allegedly inaccurateFindings Standard 5 (accuracy) – item used simplified language to convey scientific concepts to the average viewer – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Introduction[1] An item on One News, broadcast on TV One at 6pm on 10 July 2011, reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme. The item contained the following statements:“Australia is following New Zealand’s lead on reducing pollution by unveiling a new carbon tax scheme. ” (newsreader) “The science is clear. Our planet is warming. That warming is caused by carbon pollution by human activity and we need to cut carbon pollution....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....