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Decisions
Tawhai and TV3 Network Services Ltd - 1993-115
1993-115

Download a PDF of Decision No. 1993-115:Tawhai and TV3 Network Services Ltd - 1993-115 PDF300. 14 KB...

Decisions
Conroy and CanWest TVWorks Ltd - 2004-208
2004-208

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News segment called “The Week in Politics” – reference to Dr Don Brash (Leader of the National Party) travelling in a police convoy from Parliament to the Wellington Stadium – comment by presenter that he “could have walked, the lazy bugger eh! ” – allegedly in breach of good taste and decency and allegedly inaccurate Findings Standard 1 (good taste and decency) – word “bugger” not in breach of good taste and decency – not upheld Standard 5 (accuracy) – comment not statement of fact – accuracy standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “The Week in Politics” was included in 3 News, broadcast on 23 July 2004, at around 6. 30pm....

Decisions
Dougherty and Television New Zealand Ltd and TVWorks Ltd - 2010-142
2010-142

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and 3 News – items reported on New Zealand Film and Television Awards – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – material to be included in news items is a matter of editorial discretion not broadcasting standards – Authority declines jurisdiction to accept and consider the complaints on the grounds that Mr Dougherty did not lodge valid formal complaints with the broadcasters This headnote does not form part of the decision. Broadcast [1] On Sunday 19 September 2010, both One News (broadcast on TV One) and 3 News (broadcast on TV3) reported on the results of the Qantas Film and Television Awards which had been announced the previous evening. Complaints [2] Ian Dougherty made formal complaints to Television New Zealand Ltd and TVWorks Ltd, the broadcasters, alleging that the news items breached Standard 5 (accuracy)....

Decisions
Young and Radio New Zealand Ltd - 2014-005
2014-005

Summary [This summary does not form part of the decision. ]A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch. The Authority did not uphold the complaint that the item made inadequate mention of the widespread opposition to the upgrade, saying only that it had been challenged by ‘some nearby residents’. The item acknowledged the upgrade was controversial, and the nature and scale of the opposition was not material to the focus of the brief news item, so listeners would not have been misled. Not Upheld: Accuracy, Controversial Issues, FairnessIntroduction[1] A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch....

Decisions
Phan and Television New Zealand Ltd - 2012-123
2012-123

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Ministry of Social Development and TVWorks Ltd - 2007-125
2007-125

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – items reported that the Ministry of Social Development had hired a “prominent drag queen to motivate staff” – reported that the National Party believed taxpayers’ money was being wasted – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – items implied MSD had hired a drag artist as a motivational speaker – MSD had really hired Edward Cowley as a professional facilitator – misleading and inaccurate – upheld Standard 6 (fairness) – unfair to MSD and to Mr Cowley – upheld Standard 4 (balance) – subsumed into Standards 5 and 6 Order Section 16(4) – payment of $2500 costs to the Crown This headnote does not form part of the decision....

Decisions
Lal and Radio Tarana and Apna Networks Ltd - 2011-044
2011-044

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – allegedly broadcast statement that eight Fijian nationals had died in Christchurch earthquake – allegedly in breach of good taste and decency, accuracy, and responsible programming standards FindingsStandard 5 (accuracy) – not news, current affairs or factual programming – clearly caller’s opinion rather than statement of fact – Apna broadcast a follow-up statement – not upheld Standard 8 (responsible programming) – caller’s comment was opinion – listeners should have been aware that Apna is a small-scale community radio station and could have sought up-to-date information about the earthquake from larger media outlets – not upheld Standard 1 (good taste and decency) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Simpson and TVWorks Ltd - 2012-019
2012-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Decisions
Radley and Angus and Television New Zealand Ltd - 2011-142
2011-142

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

Decisions
Parlane and Radio New Zealand Ltd - 2017-023 (16 June 2017)
2017-023

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Decisions
Edgington and Television New Zealand Ltd - 2018-047 (24 August 2018)
2018-047

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Decisions
Oliver and Television New Zealand Ltd - 2020-010 (21 July 2020)
2020-010

The Authority has not upheld a complaint about two items reporting on the Conservative Party electoral victory in the 2019 United Kingdom general election. The items were on consecutive broadcasts of 1 News.   The complainant submitted that a statement by the news presenter that Boris Johnson had won a 365 seat majority in the United Kingdom Parliament was inaccurate, as Mr Johnson’s party had won 365 seats of the total number of 650 seats in Parliament and had an overall majority of 80 seats over all other political parties. The Authority did not consider that this was a material inaccuracy or that viewers would be significantly misinformed by the use of the phrase ‘a 365 seat majority. ’ Not Upheld: Accuracy...

Decisions
Knight and Television New Zealand Ltd - 2016-028 (22 August 2016)
2016-028

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Decisions
Browne and Television New Zealand Ltd - 2012-078
2012-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Decisions
Newfield and MediaWorks TV Ltd - 2016-093 (17 March 2017)
2016-093

Summary[This summary does not form part of the decision. ]An item on Story discussed the accountability of judges in New Zealand. The item referenced a number of high profile criminal judgments by a named District Court Judge that were overturned on appeal, and included a comparison between New Zealand, Switzerland and the United States on the appointment, term and removal of judges. The Authority did not uphold a complaint that this item placed undue emphasis on the decisions of the featured Judge, failed to contrast New Zealand with comparable jurisdictions, failed to cover key information about the judicial complaints service and featured an offensive gesture. The media play an important role in raising issues, such as alleged poor performance of judges, which have an impact on our communities, and this item was in the public interest....

Decisions
Soper and MediaWorks TV Ltd - 2014-071
2014-071

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

Decisions
Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Wellington Palestine Group and Radio New Zealand Ltd - 1994-065
1994-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Solanki and Television New Zealand Ltd - 2015-069 (1 December 2015)
2015-069

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

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