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Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

The Authority has not upheld a complaint under the balance and accuracy standards about a 1News report on the start of a ceasefire deal between Hamas and Israel, and the first hostage/prisoner exchange as part of the deal. The complaint included claims the broadcast: failed to identify the West Bank as occupied; inaccurately cited how many were killed at the Nova festival and the identity of those attending the festival; inaccurately described the origin of the cars in the ‘car wall’; used ‘gratuitous adjectival framing to discredit Palestinian supporters’; and was overall unbalanced. Noting the challenges of verifying certain facts presented in the broadcast, the Authority did not uphold the complaints under the accuracy standard on the basis reasonable efforts had been made to ensure accuracy, or the relevant points were not materially inaccurate or misleading....

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Summary [This summary does not form part of the decision. ] An item on Story covered the ongoing story of presenter Heather du Plessis-Allan’s mail-order purchase of a firearm for an earlier item, and the subsequent police investigation and search of her house. The Authority did not uphold a complaint alleging that the presenter’s reference to ‘legal loopholes’ within the mail-order firearm purchase system was inaccurate and unfair to the parties concerned because the firearm was procured illegally. The presenter used the term ‘loophole’ rather than ‘legal loophole’ and this was an accurate description of the mail-order system prior to police action. The item further did not unfairly represent the purchase process or otherwise result in unfairness to any individual or organisation referred to....

Download a PDF of Decision No. 1993-089:Credo Society Inc and Access Community Radio Inc - 1993-089 PDF447. 43 KB...

The reality television series, Harnas Wildlife Rescue Camp, profiles various workers and volunteers and their day-to-day activities at the Harnas Wildlife Foundation (Harnas) in Namibia. The Authority did not uphold a complaint that Harnas was being misleadingly promoted through the programme as an ethical wildlife sanctuary, when in the complainant’s view, the facility and conditions were inhumane. The Authority found that the programme was presented as a slice-of-life, observational documentary, which did not shy away from presenting difficult material and the challenges facing Harnas. As such, viewers were shown the conditions at Harnas and were provided with sufficient information to make up their own minds about the welfare of the animals. On this occasion therefore, the harm alleged to have been caused did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item followed up on three recent killings of Asian people – a Chinese woman stated in the item that she was carrying one thousand dollars in cash in her handbag and that it was part of Chinese culture to carry a lot of cash – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – clearly interviewee’s opinion – no suggestion that other interviews were suppressed – not misleading or inaccurate – not upheld Standard 6 (fairness) – interviews did not distort original events – item did not encourage discrimination – not upheld This headnote does not form part of the decision....

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 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....