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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-147 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHERYL PHILPS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News Insight: "Learning the Hard Way" – documentary about privately-run tertiary courses – segment about the film industry included references to The Film School – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – complaint more appropriately assessed under fairness – not upheld Standard 5 (accuracy) – fact alleged to be inaccurate was expression of opinion to which standard does not apply – not upheld Standard 6 (fairness) – item about students getting “duped” by substandard courses – only institution identified was The Film School – implied The Film School was one of these substandard courses – no evidence to suggest that it was substandard – unfair – upheld Order Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision....

Summary "Aleppo to Aqaba" was the title of the episode of Great Train Journeys broadcast on TV One at 8. 30pm on 20 January 1998. On behalf of the Wellington Palestine Group, A Sidani complained to the broadcaster, Television New Zealand Ltd, that the programme breached the standards relating to accuracy and balance by including a map which showed Israel as including the Occupied Territories. In response, TVNZ pointed out that Israel was named in only one of the three maps shown. However, it acknowledged that in each map the boundary of Israel did not allow for the Occupied Territories and, accordingly, TVNZ upheld the complaint about inaccuracy. Although the programme was already dated and unlikely to be rescreened, TVNZ said it had made arrangements for the matter to be tagged for attention should it be rescreened....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

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. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]An item referred to during 1 News Coming Up reported on a meeting between the President of the United States of America, President Trump, and Canadian Prime Minister, Justin Trudeau. During the update, the newsreader said, ‘So, what did Canada’s leader Justin Trudeau say about Trump’s Muslim ban? ’ The Authority did not uphold a complaint that the use of the term ‘Muslim ban’ was inaccurate, in the context of the brief ‘coming up’ teaser which aimed to convey a lot of information in a short period of time. In this particular case it was acceptable shorthand referring to Executive Order 13769, and briefly highlighted a topic of discussion between the two leaders....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

Download a PDF of Decision No. 1993-083:Jones and Television New Zealand Ltd - 1993-083 PDF2. 47 MB...

Download a PDF of Decision No. 1991-021:New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021 PDF916. 23 KB...

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

The Authority has not upheld a complaint that a broadcast of Morning Report breached the accuracy standard through its reporting on research conducted by the New Zealand Institute of Economic Research. The research indicated ‘At Level 1, among teachers who at least had attempted to gain credits in any of English, maths or science, significant percentages failed to gain an Achieved level endorsement (the NCEA equivalent of a subject pass). ’ The complainant considered the broadcast misleadingly implied an alarming number of primary teachers were unqualified to be teaching these subjects, by failing to make clear that further study was needed to qualify as a primary school teacher, or that an Achieved level endorsement at Level 1 is an optional award....