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Wellington Palestine Group and Radio New Zealand - 1995-052
1995-052

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 52/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Fox and Radio New Zealand Ltd - 1999-010
1999-010

SummaryAn interview with physicist Dr Paul Davies focussed on what the interviewer described as "one of the world’s greatest mysteries, how did life first get started" in an episode of the BBC series, Discovery, broadcast on National Radio on 7 October 1998. Dr Davies hypothesised on the processes of mutation and natural selection, and the possible injection of information into genomes through Darwinian evolution. Mr Fox complained to Radio New Zealand Limited, the broadcaster, that Dr Davies’ comments were inaccurate and unbalanced. He said it was incorrect to state that mutation and natural selection increased information in the genome. The programme, he wrote, should have included the Creationist view about the origin of information in living things. Responding, RNZ denied that the comments were inaccurate, and pointed out that they were the scientifically-based opinions of Dr Davies, had been identified as such, and were reported truthfully and accurately....

Decisions
Television New Zealand Ltd and Radio New Zealand Ltd - 1999-116
1999-116

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
McDonald and Television New Zealand Ltd - 2009-096
2009-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News ­– item on Big Wednesday Lotto draw – presenter stated that ticket holders had a one in 2. 7 million chance of winning – allegedly inaccurate FindingsStandard 5 (accuracy) – item technically inaccurate – upholding the complaint would place an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast at 6pm on Wednesday 10 June 2009, reported on a Lotto “Big Wednesday” draw that had jackpotted to twenty million dollars. The presenter introduced the item by saying: In just over an hour, some lucky punter could be twenty million dollars richer in what would be the country’s largest ever Lotto win. Big Wednesday’s jackpotted to include twenty million dollars cash, there’s only a one in 2....

Decisions
Godson and SKY Network Television Ltd - 2008-020
2008-020

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Australian Tennis Open – some footage included a “Live” watermark even though the matches had already been played – allegedly inaccurateFindings Standard P8 (accuracy) – not a “significant error of fact” – not upheldThis headnote does not form part of the decision. Broadcast[1] From 14 to 27 January 2008, footage of the Australian Tennis Open was broadcast on SKY Sport 2 between 1pm and 12am. Between matches that were broadcast live, historical footage, simultaneous matches, and highlights from matches which had already taken place were screened to fill in the scheduled breaks. Some of these were introduced by commentators as footage that was filling the time between matches, or identified as games that had already been played earlier in the tournament. For example:. . . Later on, we’ve got the second of the men’s singles semi-finals. . ....

Decisions
Dodd and Television New Zealand Ltd - 2007-040
2007-040

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and TV One promos – use of the word “next” – allegedly inaccurate Findings Standard 5 (accuracy) – viewers would not have been misled by the use of the word “next” to indicate upcoming programmes – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, broadcast on TV One at approximately 6. 15pm on 9 March 2007, a banner at the bottom of the screen said “Next: Alzheimer’s Awareness” as the presenter briefly described an upcoming news item. [2] On the same evening at 6. 55pm, a TV One promo carried the words “Next: Antiques Roadshow”, and on 11 March 2007 at 6. 55pm a similar promo read “Next: Close Up”....

Decisions
Gadgil and Television New Zealand Ltd - 2007-119
2007-119

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sensing Murder: Insight – programme looked into several historical unsolved murders – included commentary from three psychics – allegedly inaccurate Findings Standard 5 (accuracy) – factual information contained in the programme was accurate – psychics’ commentary about the murders was presented as their own perspective – factual material clearly distinguished from opinion, analysis and comment – no evidence viewers were misled – not upheld This headnote does not form part of the decision. Broadcast [1] A programme called Sensing Murder: Insight, broadcast on TV2 at 8. 30pm on 4 September 2007, looked at several historical unsolved murders and three psychics’ comments and insights about each case. At the beginning of the programme the narrator stated: Sensing Murder provoked a huge response from the public. Viewers were divided into two camps: believers and sceptics....

Decisions
Rangihuna and Television New Zealand Ltd - 2005-134
2005-134

Complaint under section 8(1)(a) of the Broadcasting Act 1989Frontier of Dreams – history of New Zealand – first two episodes – stated that first migrants settled in New Zealand about 800 years ago – allegedly inaccurateFindingsStandard 5 (accuracy) – programme based on modern scholarship and the current understanding of scientific evidence – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Frontier of Dreams is a television history of Aotearoa/New Zealand. The first broadcast, a double episode, was screened on TV One at 7. 30pm on 24 September 2005. The first episode dealt with the history of New Zealand before settlement by humans which, it said, occurred about 800 years ago. While acknowledging that New Zealand might have been visited by humans earlier, the programme said the first migrants arrived about 800 years ago. This account was repeated in the second episode....

Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Decisions
Hirschfeld and Television New Zealand Ltd - 2011-028
2011-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Maasland & Others and Radio New Zealand Ltd - 2014-118
2014-118

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Decisions
Hunt and Radio New Zealand Ltd - 2015-093 (1 March 2016)
2015-093

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on tensions between the Horowhenua Rowing Club and certain local Māori residents over the future of the club’s use of the building next to Lake Horowhenua. The Authority did not uphold a complaint that the item was inaccurate, unbalanced and unfair. The item carefully conveyed a complex issue, was not factually inaccurate and would not have misled viewers in any material respect. While the conflict surrounding the rowing club’s presence at Lake Horowhenua is a controversial issue of public importance, the item included the viewpoints of both parties and was sufficiently balanced. The item did not treat the nominated individuals unfairly, as they were not criticised and had a reasonable opportunity to give their views....

Decisions
Morton and Television New Zealand Ltd - 2017-004 (19 April 2017)
2017-004

Paula Rose declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7. 8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant....

Decisions
Beckett, Cox and Warren and TVWorks Ltd - 2011-047
2011-047

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order This headnote does not form part of the decision....

Decisions
Right to Life New Zealand Inc and The Radio Network Ltd - 2002-089
2002-089

ComplaintNewstalk ZB – doctor commented that human life begins at implantation, not conception – inaccurate – contrary to accepted medical practice – dangerous – undermined respect due to human embryo FindingsPrinciple 4 – not relevant Principle 5 – not relevant Principle 6 – well-informed opinion – no uphold Principle 8 – reminder This headnote does not form part of the decision. Summary [1] The Medical Training Co-ordinator of the New Zealand Family Planning Association commented on Newstalk ZB on 27 February 2002 at around 8. 30am along the lines that human life begins at the implantation of the human embryo into a woman’s womb and not at conception. [2] Right to Life New Zealand Inc. complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the comments were inaccurate, contrary to accepted medical practice and dangerous....

Decisions
JK and Māori Television Service -2020-088 (24 February 2021)
2020-088

The Authority upheld a complaint about an item on Te Ao Māori News concerning a Northland community’s opposition to the alleged conversion of a neighbouring farm track into a roadway. The Authority found the item inaccurately stated the works undertaken on the roadway were ‘unauthorised’ (and other aspects of the item had contributed to this impression). It was not satisfied the broadcaster made reasonable efforts to ensure accuracy. The item also had the potential to mislead by omission, as it did not tell the other side of the story or include countering comment from the farm owners, which may have altered viewers’ understanding of the situation. The Authority also found broadcasting footage filmed by a third-party of the farm owners on their private property amounted to a highly offensive intrusion upon their interest in solitude and seclusion, in breach of the privacy standard....

Decisions
Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Casino Control Authority and Radio New Zealand Ltd - 1994-042
1994-042

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 42/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CASINO CONTROL AUTHORITY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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