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Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item including pictures of the 9/11 attack on the Pentagon – allegedly inaccurate and in breach of programme information standardFindingsStandard 5 (accuracy) – decline to determine under s. 11(b) of the Broadcasting Act whether plane actually hit the Pentagon– item not misleading or inaccurate in any respect – not upheld Standard 8 (programme information) – graphic of plane was overt and did not constitute “subliminal perception” – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News at 6pm on 17 May 2006 included pictures of the 9/11 attack on the Pentagon which had just been released by the United States military. The segment stated that the release of these pictures “may fail to put to rest the many conspiracy theories that are surfacing on the internet”....

SummaryIn a news item containing a broad description of events then occurring in the Middle East, Hizbollah fighters were described as "terrorists". The item was broadcast on One Network News on 1 March 1999 beginning at 6. 00pm. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate and contrary to TVNZ’s own previously stated policy of not describing Hizbollah fighters as terrorists. While acknowledging that policy, TVNZ said that the item on this occasion was prepared by an overseas reporter. Because of the journalistic quality of the item overall, TVNZ stated, it had exercised editorial judgement in broadcasting the piece although it did not conform precisely to its own policy. Moreover, TVNZ contended that in the specific context of the item the use of the word "terrorists" to describe the Hizbollah fighters was arguably correct....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – discussed government’s Te Reo Māori initiatives – host read out email from listener who said that their grandmother had been beaten at school for speaking Te Reo – host stated, “I think this is a myth, to be perfectly honest with you, I don’t know of anywhere this happened....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....

ComplaintOne News – item reported survey of teenagers’ attitudes – suggested amongst other things trend to drugs away from alcohol and disrespect for New Zealand Flag and Anthem – inaccurate – biased FindingsStandard G1 – not inaccurate – no uphold Standard G5 – no disrespect for principles of law – no uphold Standard G6 – not unfair or unbalanced – no uphold This headnote does not form part of the decision. Summary [1] The findings of a survey of teenagers were reported in an item on One News broadcast on TV One at 6. 00pm on 29 October 2001. Among the findings were changes in attitudes to drugs, the National Anthem and the New Zealand Flag. [2] Kenneth Lord complained to Television New Zealand Ltd, the broadcaster, that the findings were biased and amounted to propaganda....

ComplaintNewstalk ZB – Paul Holmes’ Breakfast Show – commentary on Ariel Sharon’s visit to Temple Mount – commentary on Middle East situation – unbalanced – inaccurate – socially irresponsible FindingsPrinciple 4 – editorial piece – other significant points of view presented in period of current interest – no uphold Principle 6 – clearly presenter’s opinion – comments not presented as fact – no uphold Principle 7 – not denigratory to extent envisaged by principle – no uphold This headnote does not form part of the decision. Summary In an item on Paul Holmes’ Breakfast Show, broadcast on Newstalk ZB on 16 October 2000, the presenter commented on the Middle East situation. The presenter described Mr Ariel Sharon as a "dreadful beast" and as "mad, cynical [and] Arab-hating....

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”…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19891XX News – items reported on repeat complaints about campaign overspending – stated, “Detective Inspector [name] says the Independent Police Conduct Authority determined [the police] investigation was thorough and followed correct procedure....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

ComplaintOne News – Gisborne pathologist – misdiagnosis – inaccurate interpretation of statistics; unfair to pathologist FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to report the errors – no uphold This headnote does not form part of the decision. Summary The inquiry into the misdiagnosis of cervical smears in Gisborne was the subject of a report on One News broadcast on TV One on 7 January 2000 between 6. 00–7. 00pm. The item reported that the pathologist’s error rate was 86%. Stuart Slater complained to Television New Zealand Ltd, the broadcaster, that the report was inaccurate and unfair to the pathologist. In his view, an attempt should have been made to provide a neutral, informed commentary against the allegations made. TVNZ responded that its report accurately represented the figures released by the Health Funding Authority and were attributed to it....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: Did Mark Lundy Kill His Wife and Daughter?...

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

ComplaintOne News – drug related death of a Timaru youth – item implied that suspected overdose was a result of marijuana use – misleading – inaccurate FindingsStandard 5 and Guidelines 5a & 5b – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An item concerning the death of a Timaru youth who died of a suspected drug overdose was broadcast on One News at 6pm on Saturday 25 January 2003. The focus of the item was an interview with the father of the youth, who spoke of his son’s addiction to marijuana, his getting in with a "bad crowd" and his dependence on "drugs and alcohol". [2] Chris Clarke complained to Television New Zealand Ltd, the broadcaster, that the item left the viewer with the impression that the youth’s death was the result of an overdose of marijuana....

Download a PDF of Decision No. 1993-163:Minister of Customs (Hon Murray McCully) and Television New Zealand Ltd - 1993-163 PDF325. 12 KB...