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Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Voluntary Law Association of India New Zealand Inc and Access Community Radio Inc - 2010-162
2010-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

Decisions
Leitch and Television New Zealand Ltd - 2011-118
2011-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Decisions
Hill and Television New Zealand Ltd - 2011-169
2011-169

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Prime Minister John Key had referred “tea tapes” matter to the police – he commented that “The good thing is we’ve lowered the crime rate by seven percent right across the country so they do have a little bit of spare time” – reporter said that “John Key may face criticism on a couple of fronts, firstly, for saying that police have too much time on their hands” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers heard Mr Key’s original comment so they would not have been misled – viewers would have understood the item was broadcast in a robust political environment in the lead-up to the election – not upheld Standard 6 (fairness) – politicians are aware of robust political arena and should expect to have their views commented…...

Decisions
Lind and Television New Zealand Ltd - 2010-098
2010-098

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item on the arrest of five protesters demonstrating against a 1080 poison drop on a farm – Department of Conservation logo was displayed behind the presenter as he introduced the item – allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – use of DOC log was careless, but would not have influenced viewers’ understanding of the issue reported on – not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Tuesday 15 June 2010, discussed the arrest of five protesters demonstrating against a 1080 poison drop on a farm on the West Coast. [2] At the start of the item, a graphic showing the Department of Conservation (DOC) logo with 1080 pellets underneath it was displayed behind the presenter as he introduced the item....

Decisions
TW and Television New Zealand Ltd - 2011-075
2011-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

Decisions
Northland District Health Board and TVWorks Ltd - 2011-156
2011-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item reported on a young man who died of meningococcal disease after being assessed and sent home by medical professionals – reporter interviewed the Chief Executive of Northland District Health Board about the circumstances surrounding the man’s treatment – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not create a misleading impression as to the doctor’s qualifications but clearly stated that he was a “doctor” and “senior trainee” close to sitting his exams – did not create a misleading impression by omitting information about the risks associated with lumbar punctures – the decision not to administer the test earlier was based on a misdiagnosis of the man’s condition as opposed to the perceived risks of the procedure – not inaccurate to report that the man died from meningitis – not upheld Standard 6…...

Decisions
McDonald and Television New Zealand Ltd - 2012-065
2012-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item profiled the complainant, Donald McDonald – introduction referred to some of his previous complaints including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols” – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item did not suggest that all or most of his complaints were unfounded but that Mr McDonald complained “too often about too little” – provided context to complaints and complainant put forward his own perspective – complainant treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of fairness This headnote does not form part of the decision....

Decisions
Corin and Television New Zealand Ltd - 2004-169
2004-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Decisions
Lowe and TV3 Network Services Ltd - 2002-109
2002-109

ComplaintNightline – item about "Puppetry of the Penis" – penis obscured – inaccurate as truth concealed – sexualising human body breach of law and order FindingsStandards 2 – legal process followed – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The show "Puppetry of the Penis" was discussed during an item broadcast on Nightline at about 11. 00pm on 29 April 2002. The item did not include any visuals of penis puppetry as the reporter stated that the "full monty" would not be revealed in view of compliance with "broadcasting standards". [2] John Lowe complained to TV3 Network Services Ltd, the broadcaster, that in view of the material shown in other programmes, the comment was inaccurate. He also said that the item breached the requirement for standards consistent with the maintenance of law and order....

Decisions
New Zealand Food and Grocery Council Incorporated and TVWorks Ltd - 2007-126
2007-126

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand documentary: “What’s Really in our Food” – discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme fairly presented significant viewpoints – not upheld Standard 5 (accuracy) – two statements inaccurate – upheld Standard 6 (fairness) – not unfair to persons or organisations taking part or referred to in the programme – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An Inside New Zealand documentary entitled “What’s Really in our Food” was broadcast on TV3 at 8. 30pm on 13 September 2007. The programme discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-085
2006-085

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....

Decisions
Mirica and Network Visas NZ Ltd and Television New Zealand Ltd - 2003-191
2003-191

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Decisions
Johnston and Television New Zealand Ltd - 2007-025
2007-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings 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 Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....

Decisions
Clarke and Television New Zealand Ltd - 2003-042
2003-042

ComplaintOne News – drug related death of a Timaru youth – item implied that suspected overdose was a result of marijuana use – misleading – inaccurate FindingsStandard 5 and Guidelines 5a & 5b – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An item concerning the death of a Timaru youth who died of a suspected drug overdose was broadcast on One News at 6pm on Saturday 25 January 2003. The focus of the item was an interview with the father of the youth, who spoke of his son’s addiction to marijuana, his getting in with a "bad crowd" and his dependence on "drugs and alcohol". [2] Chris Clarke complained to Television New Zealand Ltd, the broadcaster, that the item left the viewer with the impression that the youth’s death was the result of an overdose of marijuana....

Decisions
Pearson and CanWest RadioWorks Ltd - 2005-110
2005-110

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold Radio – announcement that station going off-air due to “atmospheric conditions” – allegedly inaccurateFindingsPrinciple 5 (accuracy) – accuracy principle does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 September 2005 at 11. 40am, Solid Gold FM advised listeners that programmes would be interrupted at midday due to “atmospheric conditions”. Complaint [2] Mr Pearson complained that the event causing the interruption was a “sun transit”, and the announcement was inaccurate. Principles [3] CanWest did not assess the complaint with reference to the Radio Code of Broadcasting Practice. Broadcaster's Response to the Complainant [4] CanWest asserted that the announcer was simply acknowledging the interruption to the programme. It maintained that there was no need for the announcer to give a more detailed description....

Decisions
Voters' Voice Binding Referendum Inc and Television New Zealand Ltd - 1994-016
1994-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Low and Radio New Zealand Ltd - 1994-080
1994-080

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Leader of the Opposition (Rt Hon Helen Clark MP) and Television New Zealand Ltd - 1994-135
1994-135

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 135 /94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEADER OF THE OPPOSITION (Rt Hon HELEN CLARK) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Ministry of Agriculture and Fisheries and Television New Zealand Ltd - 1995-025
1995-025

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 25/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTRY OF AGRICULTURE AND FISHERIES Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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