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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
Cordes and RadioWorks Ltd - 2010-173
2010-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989George FM – ran a competition to win $2,500 worth of travel – complainant qualified for entry into the competition but was not included in the final prize draw – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant did not take part and was not referred to on the day of the prize draw so Standard 6 does not apply – unfortunate that a mistake was made but the broadcaster handled the situation appropriately – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – not upheld This headnote does not form part of the decision. Broadcasts [1] Between 4 and 8 October 2010, George FM ran a competition with a chance to win $2,500 worth of travel....

Decisions
Right to Life New Zealand and MediaWorks TV Ltd - 2018-033 (23 July 2018)
2018-033

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

Decisions
Te Whata and MediaWorks Radio Ltd - 2020-141 (31 March 2021)
2020-141

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

Decisions
Watkin and Television New Zealand Ltd - 2008-075
2008-075

Complaint under section 8(1)(b)(i) of the Broadcasting Act 1989One News – item reported that Air New Zealand planned to be the first airline to use biofuels on commercial flights – allegedly inaccurate Findings Standard 5 (accuracy) – item was ambiguous whether using biofuels would decrease carbon dioxide emissions from planes – upholding the accuracy complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on TV One on 5 June 2008, reported on the announcement by Air New Zealand that it hoped to be the first airline to use biofuels on commercial flights. [2] It was reported that Air New Zealand planes pumped around three-and-a-half million tonnes of carbon dioxide into the atmosphere every year....

Decisions
Minister of Justice (Hon Tony Ryall) and Radio New Zealand Ltd - 1999-195
1999-195

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

Decisions
Findlay and NZME Radio Ltd - 2021-145 (9 February 2022)
2021-145

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created. Not Upheld: Accuracy...

Decisions
Lewes and Television New Zealand Ltd - 2008-085
2008-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Decisions
Dyson, Gourley and DPA (NZ) Inc and Radio New Zealand Ltd - 2007-077
2007-077

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Decisions
Beiersdorf Australia Ltd and CanWest TVWorks Ltd - 2006-102
2006-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Decisions
Blue Water Marine Research Ltd and New Zealand Big Game Fishing Council and CanWest TVWorks Ltd - 2004-223
2004-223

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

Decisions
Williams and Television New Zealand Ltd - 2003-184
2003-184

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Decisions
Christian Heritage Party of New Zealand and Television New Zealand Ltd - 1998-085
1998-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-085 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY OF NEW ZEALAND TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
Dennehy and Television New Zealand Ltd - 2022-054 (21 June 2022)
2022-054

The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. 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
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Decisions
Lee, Page and Norris and Television New Zealand Ltd - 2004-153
2004-153

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Paul and Television New Zealand Ltd - 2002-186
2002-186

ComplaintOne News – a United States armed forces unit described as "elite trained killers" – inaccurate and unbalanced to describe armed forces as "killers" FindingsStandard 4 – not unbalanced – no uphold Standard 5 – not inaccurate– no uphold This headnote does not form part of the decision. Summary [1] Members of a unit of the US Armed Forces were described as "elite trained killers" in an item on One News broadcast at 6. 00pm on 27 July 2002. The item reported a number of the wives of servicemen in the unit had been murdered. [2] Victor Paul complained to Television New Zealand Ltd, the broadcaster, that the use of the phrase amounted to editorialising and was inaccurate and unbalanced. In no country, he maintained, were the armed forces described as "killers"....

Decisions
Low and Television New Zealand Ltd - 2001-048
2001-048

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

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