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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-008 Decision No: 1996-009 Decision No: 1996-010 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PITA COLE of Wellington and ANTHONY SMITH of Palmerston North and BRENT PROCTOR of Bluff Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 48/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint about an item on Q + A with Jack Tame that discussed a recent climate change report and recent high temperatures in the Antarctic region. The item included interviews with experts, one of whom described the high temperatures in Antarctica as an ‘extreme event that we've seen in the background of climate change’ and that we should expect more such events ‘as the world is warming’. The complainant alleged the broadcast misled viewers as extreme weather events are not becoming more frequent, the higher temperatures in Antarctica were inaccurate, humans do not cause climate change and no detrimental changes have been observed. The Authority found the broadcaster made reasonable efforts to ensure accuracy, including relying on authoritative experts, and the broadcast was unlikely to mislead viewers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on businessman Doug Myers – reported that court battle for control of The Campbell & Ehrenfried Company was settled in Mr Myers’ favour – TVNZ acknowledged error and broadcast correction during subsequent Sunday programme – complainant dissatisfied with the broadcast correction Findings Action taken sufficient to correct the original inaccuracy – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the Sunday programme, broadcast on TV One at 7. 30pm on 25 March 2007 examined the profile of businessman and brewery magnate, Doug Myers. The report canvassed some of Mr Myers’ history, including when his father made him the executive director of The Campbell & Ehrenfried Company, and said that Mr Myers: …set about shaking up the New Zealand liquor business....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

ComplaintNational Radio – Insight – edited highlights of a panel discussion on republicanism and the Treaty of Waitangi – unbalanced – lack of editorial integrity FindingsPrinciple 4 – not a controversial issue – no uphold Principle 6 – not news or current affairs – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 3 June 2002, comprised edited highlights of a panel discussion on republicanism and the Treaty of Waitangi. [2] Dr Noel Cox, on behalf of The Monarchist League of New Zealand Inc, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, its timing inappropriate, and it lacked editorial integrity....

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with woman who was launching a brand of cosmetics made from natural ingredients – contained a number of statements about the chemicals contained in mainstream cosmetics, including that most contained parabens – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – not upheld Standard 5 (accuracy) – interviewee was not presented as an expert – viewers would have understood that her comments were opinion and not statements of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Te Raumawhitu Kupenga 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. ]At the end of an episode of Seven Sharp, presenter Mike Hosking made comments about the most recent report of the IPCC. The Authority did not uphold four complaints that his comments were misleading and irresponsible. The comments were clearly Mr Hosking’s opinion, and the right to freedom of speech explicitly protects expressions of opinion even if they are unpopular or incorrect. Mr Hosking is well known for this type of monologue where he offers his opinion on any number of issues, sometimes in a provocative manner....

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

The Authority did not uphold a complaint that a 1 News segment breached the discrimination and denigration and balance standards. The Authority found that people who hold the views represented in the segment do not amount to a ‘recognised section of the community’ for the purposes of the discrimination and denigration standard. The Authority also found that, while the broadcast discussed a controversial issue of public importance, it was balanced by the inclusion of multiple points of view from several parties. Not Upheld: Discrimination and Denigration, Balance...

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....

The Authority has not upheld a complaint about coverage on The AM Show of proposed changes to safe zones around abortion clinics. The statements alleged to be inaccurate were comment, opinion or analysis, to which the accuracy standard does not apply. The balance standard did not apply as the separate news bulletins did not amount to a discussion; and in any event, differing perspectives from Abortion Rights Aotearoa and Voice for Life NZ were included. The fairness standard did not apply. Not Upheld: Accuracy, Balance, Fairness...