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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-084 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK PULLAR of Auckland TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the 65th anniversary of the arrival of New Zealand’s first refugees – stated that the orphaned Polish children had spent time in Russian orphanages – allegedly inaccurate Findings Standard 5 (accuracy) – history of what happened to the Polish refugees and their families prior to coming to New Zealand was not material to the focus of the item – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Sunday 1 November 2009, reported on the 65th anniversary of New Zealand’s first refugees, who were 732 Polish children and 102 caregivers. [2] The presenter introduced the item by saying: It’s 65 years today since New Zealand welcomed its first refugees....

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

Summary[This summary does not form part of the decision. ]Worldwatch broadcast a three-part interview series with Hanan Ashrawi, a Palestinian legislator, described as ‘one of the most powerful women in the Middle East’ and ‘a forceful advocate for Palestinian self-determination and peace in the Middle East’. The Authority did not uphold a complaint alleging that the interviews amounted to support for terrorism, ‘[s]olely blame[d] Israel for all the Palestinian suffering’, and contained a number of inaccurate and misleading allegations about the Israel-Palestine conflict. The interviews did not contain several of the statements complained about, but were rather the complainant’s interpretation of what he considered Ms Ashrawi had implied. Other comments complained about were clearly Ms Ashwari’s opinion, to which the accuracy standard did not apply....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers....

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about school system in post-Saddam Iraq – referred to increasing fundamental religious education in private schools – allegedly unbalanced and reinforced prejudices about sinister religious activitiesFindings Standard 4 (balance) – fundamentalism used in contrast to secular education – not upheld Standard 5 (accuracy) – no apparent inaccuracies – not upheld Standard 6 (fairness) – no apparent unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] Schooling in post-Saddam Iraq was featured in an item broadcast on One News beginning at 6. 00pm on TV One on 29 September 2004. Pointing out that education under Saddam had been largely secular, the item reported that education in Iraq was becoming increasingly religious, especially in private schools....

ComplaintRadio Pacific – talkback – comment about interest rates – host Mark Bennett – inaccurateFindingsPrinciple 6 – reference to economy or chronology – two possible interpretations – majority – no upholdThis headnote does not form part of the decision. SummaryWhen referring to the third recent interest rate cut in Australia, a talkback host on Radio Pacific (Mark Bennett) expressed his disgust that rates in New Zealand, until recently, had gone up. He considered that the Reserve Bank Governor’s concern about inflation had meant that New Zealand was out of step with Australia, America and Japan. The comments were made at about 6. 15pm on 21 March 2001. The Reserve Bank of New Zealand complained to The RadioWorks New Zealand Ltd, the broadcaster of Radio Pacific, that, as there had been no change to the interest rate between July 2000 and March 2001, the comment was inaccurate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about arming police officers referred to police “force” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – complainant received adequate response from the broadcaster – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 5 April 2011, reported on the issue of whether police officers should carry guns. The item contained two references by the reporter to the police “force”. The reporter said, “The most explosive issue facing our force: should every cop have a gun on their hip? ” and that the new Police Commissioner would “like to see more women in the police force”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of appliance repairers – presenter stated that a home owner is not allowed to connect a plug to an electrical appliance without approval from an electrical inspector – allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement did not accurately reflect relevant legislation and regulations – broadcaster made reasonable efforts to ensure accuracy – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Target, broadcast on TV3 at 7. 30pm on 7 September 2010, a hidden camera trial was conducted which evaluated three appliance repairers who were called in to fix an electrical cord connected to a fridge....

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....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint....