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Decisions
Banks and Dempsey and Television New Zealand Ltd - 2005-008
2005-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – programme focussed on forthcoming Civil Unions Bill – included a telephone poll asking viewers to respond to the question “Should gay relationships be legally recognised” – polls results found 24% in favour of gay relationships being recognised and 76% against – closing comments by host queried which polls politicians in support of the Bill were relying on – allegedly unbalanced and inaccurateFindings Standard 5 (accuracy) – poll not presented as scientific – results reflected only the views of those willing to call in – limitations of poll clear – host’s comments presented as opinion not fact – not upheld Standard 4 (balance) – standard not applicable – not upheldThis headnote does not form part of the decision....

Decisions
Wolf and Television New Zealand Ltd - 2004-127
2004-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Decisions
Blue Water Marine Research Ltd and New Zealand Big Game Fishing Council and CanWest TVWorks Ltd - 2004-223
2004-223

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

Decisions
Donald and Television New Zealand Ltd - 2021-033 (2 August 2021)
2021-033

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

Decisions
PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
Hashimoto and Television New Zealand Ltd - 2011-012
2011-012

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item reported on ex-All Black who now lived in Japan and his ongoing struggle with depression – reporter stated “Alone in Tokyo, population 35 million, chaotic, frenetic, intense. Perhaps the last place in the world you’d expect to find someone trying to stay balanced after coming through the blackest period of his life” – allegedly inaccurate FindingsStandard 5 (accuracy) – term “chaotic” used to convey reporter’s opinion – not a material point of fact – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One on 24 October 2010, reported on an ex-All Black who now lived in Japan and his ongoing struggle with depression. The reporter travelled to Tokyo to interview him about the imminent publication of his book....

Decisions
McDonald and Television New Zealand Ltd - 2011-020
2011-020

An appeal against the decision was dismissed in the High Court but the order for costs was quashed: CIV 2011-485-1836 PDF110. 08 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter stated that supernova was “240 light years from Earth” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989OrdersSection 16(1) – $50 costs to broadcasterThis headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast on TV One at 6pm on 6 January 2011, reported on the discovery of a supernova by a 10-year-old Canadian girl. During the item the reporter stated: The Canadian Astronomical Society says Kathryn’s supernova was in a galaxy 240 light years from Earth....

Decisions
Johnson and Television New Zealand Ltd - 2021-101 (27 October 2021)
2021-101

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Love and Discovery NZ Ltd - 2021-157 (9 February 2022)
2021-157

An item on Newshub Live at 6pm covering COVID-19 statistics opened by stating 8% of New Zealand’s population was currently unvaccinated. The complainant alleged by omitting the term ‘eligible’, this introduction breached the accuracy standard as more than 8% (at the time) of New Zealand’s total population was unvaccinated. The Authority did not uphold the complaint, finding the segment was materially accurate and a reasonable viewer would have understood the reference to the population, in a vaccination context, to be a reference to the eligible population. The programme information standard did not apply. Not Upheld: Accuracy, Programme Information...

Decisions
Wilson and NZME Radio Ltd - 2020-030 (24 August 2020)
2020-030

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible. Not Upheld: Accuracy...

Decisions
FJ and MediaWorks Radio Ltd - 2018-026 (5 June 2018)
2018-026

Summary[This summary does not form part of the decision. ]A segment on the George FM Saturday Drive Show featured an announcer making comments about the complainant regarding an incident in the past, where the announcer allegedly saw the complainant engaging in certain activities. The broadcaster upheld the complaint under the privacy and fairness standards and issued written apologies to the complainant. The complainant referred the complaint to the Authority on the basis the broadcast also breached the accuracy standard and the apologies did not address the alleged inaccuracies in the broadcast. The Authority did not uphold the accuracy complaint, finding that, due to the nature of the broadcast and audience expectations, the Saturday Drive Show did not amount to ‘news, current affairs or factual programming’ to which the accuracy standard applied....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Hutchinson and Television New Zealand Ltd - 2020-073 (16 December 2020)
2020-073

The Authority has not upheld a complaint about an item on 1 News covering police brutality in the United States of America and comments made by its President Donald Trump about deceased victim of police brutality, George Floyd. The item reported Mr Trump was ‘copping more flack’ for his comments and that, ‘celebrating better than expected employment numbers, he bizarrely called it a great day for George Floyd’. To the extent the broadcast may be considered inaccurate or misleading for suggesting an incorrect interpretation of Mr Trump’s comments, the Authority found it was not material. The Authority also considered Mr Trump is a high profile politician and public figure and could have reasonably expected to be subject to such scrutiny. Not Upheld: Accuracy, Fairness...

Decisions
Delahunt and Television New Zealand Ltd - 2004-048
2004-048

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Decisions
Bulathsinghala and 4 Others and Television New Zealand Ltd - 2004-129
2004-129

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Decisions
SilkRoutes Artifacts and Carpets Ltd and Television New Zealand Ltd - 2000-063
2000-063

ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

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
The Warehouse Group Ltd and CanWest TVWorks Ltd - 2004-202
2004-202

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Decisions
Wellington Palestine Group and Radio New Zealand Ltd - 1994-069
1994-069

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/94 Dated the 22nd 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
Sawyers, Hughes and Walker, and Segedin and Television New Zealand Ltd - 1996-155, 1996-156, 1996-157
1996-155–157

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-155 Decision No: 1996-156 Decision No: 1996-157 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CALUM SAWYERS of Wellington and A J HUGHES and A J WALKER of Auckland and ROSEMARY SEGEDIN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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