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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...

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – item featured a man who had been made redundant – claimed he was not eligible for the Government’s ReStart package – allegedly inaccurate FindingsStandard 5 (accuracy) – item inaccurate in stating that the man was not eligible for ReStart – also omitted the fact that the man received holiday pay which meant he was effectively on full pay until a week before ReStart payments began – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 29 January 2009, featured a man who had been made redundant from his printing job and now found that his redundancy pay was dwindling and he was struggling to buy food and pay bills....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

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....

ComplaintBoxing: De la Hoya v Mosely – boxing – omission of action between rounds – misleading – distorted editingFindings(1) Standard G1 – no inaccuracy – no uphold (2) Standard G19 – editorial discretion – no uphold This headnote does not form part of the decision. Summary Boxing: De la Hoya v Mosely, a world championship boxing bout between Oscar De la Hoya and Shane Mosely, was broadcast on TV3 on 18 June 2000 between 4. 00pm and 6. 00pm. John Reynolds complained to TV3 Network Services Ltd, the broadcaster, that the coverage was of a portion of the fight only, as the events and activities which took place between rounds were not screened, in favour of commercial breaks. Mr Reynolds said that this "integral" part of the match was deliberately omitted, and that this was misleading and unfair....

The Authority has not upheld two complaints about a 1News item reporting on Te Pāti Māori’s ‘reset’, the co-leaders’ reaction to questioning at a media conference, and Te Pāti Māori’s newest MP Oriini Kaipara’s maiden speech in Parliament. The complaints alleged the segment was unbalanced and biased as the broadcast did not report on the temporary suspension of Parliament following haka and waiata after Kaipara’s maiden speech. The Authority found the segment was a straight news report and not a discussion of a controversial issue of public importance, meaning the balance standard did not apply....

The Authority has not upheld a complaint about a segment on Seven Sharp regarding an advertisement by Fluoride Free NZ. Mark Atkin, on behalf of Fluoride Free NZ, complained that the programme was in breach of the balance and accuracy standards. The Authority found that the segment did not discuss a controversial issue of public importance, as required for the balance standard to apply. The Authority also found that none of the points identified by the complainant were inaccurate. Not Upheld: Balance, Accuracy...

The Authority has declined to determine a complaint about an item on Breakfast as it was trivial. The complainant was concerned with the description of Auckland’s COVID-19 Alert Level 3 restrictions being referred to as ‘lockdown’ when Level 4 is ‘lockdown’. The remainder of the complaint reflected the complainant’s personal grievances with the broadcaster’s emailing system. Declined to Determine (section 11(a) of the Broadcasting Act 1989, trivial): Programme Information, Accuracy...

Summary[This summary does not form part of the decision. ]An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit. The reporter said, 'The Epsom Day Unit is a place where women come to exercise their right to choose'. The Authority did not uphold a complaint that the phrase 'right to choose' materially misrepresented the abortion law in New Zealand. Although the statement was legally incorrect, it was peripheral to the focus of the item and so was not a material point of fact to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit....

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

SummaryAn item on One Network News, broadcast on TV One on 26 May 1998 commencing at 6. 00 pm, reported on increased cannabis use among young people in Northland. It referred to the suspension of students from several schools, and included an interview with a student from Kaitaia College. He was asked how long it would take him to get drugs, and replied "about half an hour". The principal of Kaitaia College complained to Television New Zealand Limited, the broadcaster, that promises made by the interviewer that the item would not reflect badly on the college were broken. Of the many comments made by that student and another during the interview, which were pertinent to the issue, the one chosen to represent their view had inaccurately left the impression that cannabis was a major issue at the college, he wrote....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....