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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...
The Authority has not upheld a complaint a 1News item reporting the latest developments in the Middle East conflict and the end of a ceasefire between Israel and Hamas breached the accuracy standard. The Authority found reasonable viewers were unlikely to be misled by neither the reporter’s brief statement that ‘Israel and Hamas have accused each other of breaching the January ceasefire’ nor the absence of further context. Not Upheld: Accuracy...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...
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....
The Authority has not upheld a complaint under the accuracy standard about a Newstalk ZB news item reporting Israel’s bombing of a Gaza City school and included an academic’s perspective on the incident. The complainant argued the broadcast was misleading by not mentioning that the school was (according to Israel) a Hamas command post and therefore a ‘legitimate target’, and by including the academic’s comments. The Authority found the academic’s comments were analysis, comment, or opinion to which the standard does not apply. It also found that choosing to not include Israel’s rationale for the bombing was a matter for the broadcaster’s editorial discretion. The broadcast was not materially inaccurate, and did not give a wrong idea or impression of the facts. Not Upheld: Accuracy...
The Authority has not upheld a complaint about a Seven Sharp item which featured presenter Hilary Barry accompanying an entertainer and keen hunter on a seasonal duck shooting trip to mark the hunter’s appointment as the first patron of Fish & Game New Zealand. The complainant considered the item offensive in showing animal cruelty and disrespect for wildlife, inaccurate in stating ‘only introduced species’ are hunted in Aotearoa New Zealand (noting the patron shot a native paradise shelduck), and failed to reflect alternative perspectives on the cruelty and ecologically harmful effects of duck shooting. The Authority found the segment was a human-interest piece focused more on the patron than hunting and was consistent with the style and tone of Seven Sharp; viewers would not have been unduly surprised or disturbed by the content....
The Authority has not upheld a complaint that a Newshub Live broadcast reporting on the United Kingdom’s Prime Minister Boris Johnson’s treatment for COVID-19 was inaccurate when it referred to President Donald Trump as ‘the world’s leading expert on fake news’. The Authority considered the statement was distinguishable as a statement of opinion and accordingly the accuracy standard did not apply. Not Upheld: Accuracy ...
The Authority did not uphold an accuracy complaint about a 1 News item on the use of interlocking concrete blocks to curb coastal erosion on the West Coast. The complaint was that the item inaccurately referred to the location shown in the clip as Granity, rather than Hector, which devalues property in Granity. Given longstanding concerns about coastal erosion spanning across three towns within a small geographical area, including Granity, the Authority did not find any material inaccuracy likely to significantly affect the audience’s understanding of the item as a whole. Not Upheld: Accuracy...
Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...
Summary [This summary does not form part of the decision. ] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom referred to ‘England’ in its introduction. The broadcaster upheld the complaint that this was inaccurate and apologised to the complainant. The Authority considered the broadcaster took sufficient action and that the broadcast did not breach the other standards nominated. Not Upheld: Accuracy (Action Taken), Fairness, Discrimination and Denigration Introduction [1] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom, referred to ‘England’ in its introduction. The item was broadcast on 29 December 2013 on TV3....
Download a PDF of Decision No. 1992-028:Meyrick and TV3 Network Services Ltd - 1992-028 PDF215. 88 KB...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – statement about coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 30 September 2008 episode, broadcast at 7....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item looked at the government’s surplus and the likelihood of tax cuts – presenter made a comment regarding possible tax cuts – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – presenter’s statement appeared to take a position – statement was balanced by comments from the political reporter – issue of tax cuts had a long history and was well publicised – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 4 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 October 2007, discussed the cause and effect of the Labour-led Government’s $8. 6 billion surplus and the likelihood of tax cuts before the next election....
ComplaintOne News – news item on Select Committee deliberation on changes to ACC – inaccurate, unbalanced and lacked objectivity FindingsStandard G1 and Standard G14 – acceptable summary of complex situation – no inaccuracy or lack of objectivity – no uphold This headnote does not form part of the decision. Summary A news item concerning Select Committee deliberations on proposed changes to accident insurance legislation was broadcast on One News on TV One between 6. 00 and 7. 00pm on 29 February 2000. The New Zealand Trade Union Federation complained to Television New Zealand Ltd, the broadcaster, that the broadcast was inaccurate, unbalanced and lacked objectivity. In its opinion, the item sought to create the impression that proposed changes were "purely irrational", unsupported by evidence, promoted only by the Alliance and Labour parties, and only continued to be supported because of an election promise....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...
ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....
An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....
SummaryA Frontline programme broadcast on 12 September 1993 focused on the electricity pricingarrangements between Comalco (NZ) Ltd and ECNZ and raised questions about the ratescharged to domestic and large commercial consumers. Comalco (NZ) Ltd, through its solicitors, complained to Television New Zealand Ltd thatthe item lacked objectivity and left misleading and damaging impressions. In particular itobjected to the implication that Comalco's electricity was subsidised by domestic consumers,and to the suggestion that its recent pricing agreement with ECNZ was to be kept secret soas to avoid embarrassing the government in the pre-election period. Maintaining that an investigation of the pricing arrangements was in the public interest,TVNZ rejected all aspects of the complaint. It argued that the question about whether thearrangement was a subsidy or a discount was balanced by comment from Comalcoofficials and from energy analysts....
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 –…...