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Decisions
Grover and The Radio Network Ltd - 2003-134
2003-134

ComplaintNewstalk ZB – Paul Holmes Breakfast – host used term “house niggers” – offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no uphold This headnote does not form part of the decision. Summary [1] During an interview with the Prime Minister, Paul Holmes, as the host of the Paul Holmes Breakfast on Newstalk ZB, referred to a comment made by Titewhai Harawira, a Maori political activist. The host said that the Government’s Maori Members of Parliament had been referred to as “house niggers” and asked a question related to the comment. The comment was broadcast at around 7. 40am on 3 September 2003....

Decisions
Roche and Television New Zealand Ltd - 2001-062
2001-062

ComplaintOne News – item on proposed "People’s Bank" – referred to New Zealand Post Chairman Dr Ross Armstrong – failure to mention his chairmanship of Television New Zealand Ltd – item lacked integrity and independence FindingsStandard G14 – Dr Armstrong’s chairmanship of TVNZ irrelevant to item – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 19 February 2001 announced that the Chairman of New Zealand Post, Dr Ross Armstrong, wanted to meet with the Leader of the Opposition, Jenny Shipley, to find out who had leaked to her a copy of the business plan for the proposed "People’s Bank....

Decisions
Frewen and Discovery NZ Ltd - 2021-115 (17 November 2021)
2021-115

The Authority has declined to determine a complaint, under the accuracy standard, about an item on Newshub Live at 6pm. The complainant alleged that analysis of a New Zealand political poll, including a translation of the poll results into seats in Parliament and the statement Labour ‘no longer governs alone’, was misleading, noting it was just a poll and Labour has a Co-operation Agreement with the Green Party. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Decisions
Miller and Television New Zealand Ltd - 2022-036 (21 June 2022)
2022-036

As part of a news item on ‘main developments overnight’ in the war between Russia and Ukraine, a clip was shown where the presenter stated ‘This is footage we’re seeing from Ukraine, a Russian tank in the capital of Kyiv swerving to drive over the top of a car with someone inside. ’ The complainant alleged this was inaccurate, submitting it was actually a Ukrainian anti-aircraft vehicle which lost control and swerved into the vehicle. The Authority found that the exact type of military vehicle involved in the incident was not material to the broadcast and the accuracy standard did not apply to this point. In terms of whether the vehicle was attributable to Russian or Ukrainian forces, and whether the collision was deliberate, given conflicting reports it was unclear whether the broadcast was misleading on these points....

Decisions
Long, Stanley and Singe and Television New Zealand Ltd - 1993-135, 1993-136, 1993-137
1993-135–137

Download a PDF of Decision No. 1993-135–137:Long, Stanley and Singe and Television New Zealand Ltd - 1993-135, 1993-136, 1993-137 PDF1. 87 MB...

Decisions
Millen and Television New Zealand Ltd - 1991-045
1991-045

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

Decisions
Stowe and SKY Network Television Ltd - 2012-025
2012-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

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
Benson-Pope and TVWorks Ltd - 2008-013
2008-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Decisions
Freedman and Television New Zealand Ltd - 2005-095
2005-095

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Decisions
McDonald and Television New Zealand Ltd - 2007-073
2007-073

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – statement that the average household spends 20 percent more on electricity than it did 20 years ago – allegedly inaccurate Findings Standard 5 (accuracy) – reasonable viewers would have understood that the statement referred to 20 percent of household budget, not 20 percent more money – not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 31 May 2007, discussed the recent death of a woman whose power had been switched off by an electricity company. The reporter said the woman’s death had: …thrown the spotlight on the huge increases in power prices in the past 20 years. The average household now spends 20 percent more on electricity....

Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
Palmerston North City Council and The Radio Network of New Zealand Ltd - 1997-096, 1997-097, 1997-098
1997-096–098

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-096 Decision No: 1997-097 Decision No: 1997-098 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PALMERSTON NORTH CITY COUNCIL Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

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
The Warehouse Ltd and Television New Zealand Ltd - 2004-019
2004-019

ComplaintOne News – item reported the issue of a safety advisory notice for an oil heater sold through the Warehouse – following item reported death of two girls in fire thought to have been caused by gas heater – complaint that items unbalanced, inaccurate and unfair Findings Standard 4 – each item balanced – not upheld Standard 5 – each item accurate – not upheld Standard 6 – juxtaposition of items created misleading impression – unfair – upheld No OrderThis headnote does not form part of the decision Summary [1] The issue of a safety advisory notice about the Brio Five Fin oil heater, sold through The Warehouse stores, was reported in an item broadcast on One News on 30 August 2003 beginning at 6. 00pm on TV One....

Decisions
Lowes and Television New Zealand Ltd - 2006-104
2006-104

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Bank Young Farmer Contest – included among a series of questions to the contestants was “The Queen of England’s husband is the Duke of…? ” – answer “Edinburgh” – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint similar to past complaints – in view of comments in earlier decisions, on this occasion decline to determine as trivial This headnote does not form part of the decision. Broadcast [1] The National Bank Young Farmer Contest, screened at 9. 40pm on TV One on 8 July 2006, included a number of “quick fire” quiz questions put to the contestants. One question asked “The Queen of England’s husband is the Duke of…? ” The answer was given as “Edinburgh”. Complaint [2] Archie Lowes complained to Television New Zealand Ltd, the broadcaster, that the answer, the Duke of Edinburgh, was inaccurate....

Decisions
Williams and TV3 Network Services Ltd - 1997-085
1997-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-085 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G E WILLIAMS of Hastings Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Henry and Radio New Zealand Ltd - 1997-163
1997-163

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-163 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R. IAN HENRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

Decisions
New Zealand Wheel Clamping Ltd, MacAlpine and Valentic and TVWorks Ltd - 2011-081
2011-081

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

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