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Decisions
Vero Insurance New Zealand Ltd and Television New Zealand Ltd - 2018-030 (18 June 2018)
2018-030

Summary[This summary does not form part of the decision. ]A brief item on 1 News discussed a protest in Christchurch against Vero Insurance (Vero) regarding outstanding insurance claims. The item contained footage of the protestors and the newsreader stated that ‘[One of the protestors] says Vero has kept them locked in a virtual prison for seven years. ’ The broadcaster upheld a complaint from Vero under the balance and fairness standards, as Vero ought to have been given an opportunity to comment. Vero referred the complaint to the Authority on the basis it was dissatisfied with the action taken by the broadcaster in response to its original complaint, and it also maintained that the accuracy standard was breached. The Authority did not uphold the complaint, finding the statement complained about was a statement of opinion and therefore the accuracy standard did not apply....

Decisions
Todd and Television New Zealand Ltd - 2013-079
2013-079

Summary [This summary does not form part of the decision. ]A One News item reported an accident involving a truck and a motorcycle. On the basis it was frivolous and trivial, the Authority declined to determine the complaint that the item’s use of the word ‘biker’ gave the impression the motorcyclist was a ‘reckless’ gang member and had caused the accident. ‘Biker’ was a colloquial term referring to the driver of a motorbike, and in any case the words ‘biker’ and ‘motorcylist’ were used interchangeably. Decline to Determine: Accuracy, Discrimination and DenigrationIntroduction[1] A One News item which reported on an accident involving a truck and a motorcycle used the term ‘biker’ to refer to the motorcyclist. The item was broadcast on 15 October 2013 on TV ONE....

Decisions
Ministry of Social Development and TVWorks Ltd - 2008-038
2008-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Decisions
Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Ltd - 2001-216
2001-216

ComplaintOne News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of ombudsman’s decision contrary to agreement before interview – unfair – distortion Interlocutory Decision 2001-ID001 – order to TVNZ to supply field tape to the Authority Interlocutory Decision 2001-ID002 – order to supply field tape to the complainant FindingsStandards G4 and G19 – item explained issue dealt with in Chief Ombudsman’s ruling – extract did not distort Chief Ombudsman’s comments – Chief Ombudsman not dealt with unfairly – no uphold Standard G1 – item’s introduction inaccurate – upholdNo Order This headnote does not form part of the decision. Summary A ruling by the Ombudsman that a person seeking a taxpayer-funded sex-change operation had been treated unfairly by the health bureaucracy was dealt with in an item on One News, broadcast on TV One between 6. 00–7....

Decisions
Gunasekara and Television New Zealand Ltd - 2010-075
2010-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on walkout by New Zealand delegation during the Iranian president’s speech at a United Nations nuclear conference – reporter made statements about Iran’s nuclear programme and about a previous walkout during an earlier speech given by the Iranian president – allegedly inaccurate FindingsStandard 5 (accuracy) – statement that “Its reason: it’s for generating electricity” was careless and misleading – upheld – comment that a previous speech by President Ahmadinejad was “racist” was not material to the item – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 4 May 2010, reported on the New Zealand delegation’s walkout during the Iranian president’s speech at a United Nations nuclear conference....

Decisions
Eyeworks Touchdown Limited and CanWest TVWorks Ltd - 2007-009
2007-009

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

Decisions
Wallace and TV3 Network Services Ltd - 1999-068–1999-073
1999-068–073

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Decisions
Hart and Television New Zealand Ltd - 2003-099
2003-099

ComplaintOne News – item on Israeli attacks in Gaza – unbalanced and inaccurate FindingsStandard 4 – balance achieved both in coverage on day and following days’ news coverage – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] Two Israeli attacks in Gaza were the focus of an item about the Israeli-Palestinian conflict broadcast on One News on TV One at 6. 00pm on 11 June 2003. It reported that both attacks missed their targets, but had killed five and injured a number of Palestinians. The deaths, it was said, could set off another round of "tit for tat" killings. [2] Deborah Hart complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and inaccurate as it gave only the Palestinian perspective and suggested that the attacks had happened without provocation....

Decisions
Evison and Television New Zealand Ltd - 2004-088
2004-088

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – weather item – after autumnal equinox the sun moves into the northern hemisphere – allegedly inaccurateFindings Standard 5 (accuracy) – colloquial phrase used to convey everyday attitude rather than technical information – not upheld This headnote does not form part of the decision. Broadcast [1] The weather announcer advised viewers of One News that, after the autumnal equinox, the sun moved back into the northern hemisphere. The statement was broadcast on TV One shortly before 7. 00pm on 20 March 2004. Complaint [2] Harry Evison complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate. The biblical notion of the sun “moving”, he wrote, was disproved by Copernicus in the 16th century and the statement made New Zealand look foolish in the eyes of viewers from overseas....

Decisions
Keating and Television New Zealand Ltd - 2008-009
2008-009

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Decisions
Boyce and Radio New Zealand Ltd - 1999-204
1999-204

Summary A psychiatrist and the mother of a young person suffering from a mental illness were interviewed by Kim Hill on Nine to Noon broadcast on National Radio on 4 August 1999 beginning at 9. 40am. Mr Boyce complained to Radio New Zealand Ltd that the interview lacked balance because it did not include the point of view of anyone who had been diagnosed as suffering a mental illness. He also complained that, because the mother was identified, her son would also have been identifiable, and it was a breach of the Privacy Act to release his medical details. Mr Boyce argued that the interviewer perpetuated myths and stereotypes about those with mental illness. In its response, RNZ emphasised that the focus of the interview was the availability of treatment for young people suffering mental illness....

Decisions
Rupa and Television New Zealand Ltd - 2010-058
2010-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – programme asked viewers for their opinions on changing the New Zealand flag – showed five flag options – allegedly inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate on material points of fact or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 5 February 2010, asked viewers for their opinions on changing the New Zealand flag. The programme ran a poll to determine viewers’ preferences for a proposed flag and provided them with five different options to choose from....

Decisions
Turney and Television New Zealand Ltd - 1996-154
1996-154

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Brookes and TVWorks Ltd - 2008-113
2008-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – 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) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

Decisions
Shandil and Apna Networks Ltd - 2006-049
2006-049

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....

Decisions
Nationwide Guarantee Corporation Ltd and Television New Zealand Ltd - 1994-002
1994-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Hill and TV3 Network Services Ltd - 2000-123
2000-123

Complaint3 News – item about Parihaka commemoration – omission to provide full, accurate historical background – unbalanced FindingsStandard G14 – context – further historical information not required – no uphold This headnote does not form part of the decision. Summary An item about commemorative celebrations planned or held to mark significant dates for Parihaka descendants was broadcast on 3 News on TV3 at 6. 00pm on 25 March 2000. S R Hill complained to TV3 Network Services Ltd, the broadcaster, that the item did not provide full and accurate information about the history of Parihaka, and that it had been unbalanced and biased in favour of the Parihaka Maori as a result. TV3 responded that the modest amount of background material provided in the item was set out to explain the context of the events about which TV3 was reporting....

Decisions
Accident Compensation Corporation and TVWorks Ltd - 2009-074
2009-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

Decisions
Treadgold and TVWorks Ltd - 2008-024
2008-024

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Campbell Live – item discussed several current events in relation to global warming – contained a report from Britain’s ITN television station on the effects global warming was having on penguins in Antarctica – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item’s introduction presented the ITN item as providing factual evidence on global warming – statement regarding percentage of sea ice reduction in Antarctica inaccurate – statement that only humans can change the fate of penguins not clearly distinguishable as commentary – contrary to guideline 5d – upheld No Order This note does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 December 2007, looked at several international current events relating to global warming....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 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 upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

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