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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-085 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G E WILLIAMS of Hastings Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...
ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...
Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the presenter’s editorial comments following the item were unbalanced, inaccurate and unfair. In making its decision, the Authority acknowledged the influential position of the presenters, but found that alternative views were conveyed during the item and in subsequent items during the period of current interest. The presenters’ comments were their opinion and analysis of the issues discussed, rather than statements of fact, so they were not subject to the accuracy standard....
Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....
The Authority did not uphold a complaint that the use of the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ in a Newshub segment that reported on these products, their availability and the fact they have been responsible for a large number of deaths in New Zealand recently breached the accuracy standard. The Authority found that while these products do not contain actual cannabis, the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ are commonly used to describe them, both by agencies like the Ministry for Health and the NZ Drug Foundation, and also by the media. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by their use in this broadcast. Not Upheld: Accuracy...
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about Minister of Foreign Affairs Winston Peters’ visit to Washington DC – questioned Mr Peters’ interruption of American senator during interview – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – media agreement with Mr Peters not controversial issue of public importance – journalists’ perspective not required – not upheld Standard 5 (accuracy) – footage of interview not edited in the way alleged by complainant – not misleading or inaccurate – not upheld Standard 6 (fairness) – footage of interview not edited in the way alleged by complainant – not upheld This headnote does not form part of the decision....
Summary [This summary does not form part of the decision. ] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip. The Authority did not uphold the complaint that the item was inaccurate and unbalanced, and anti-Israel. The reporter outlined the response from Israeli government officials to the incident, and also referred to both Israeli shelling and Hamas rocket firing, indicating that both sides bore some responsibility for the latest escalation of violence. It was not materially inaccurate to refer to Sderot as being ‘on the border of Israel and Gaza’ because a caption onscreen clarified it was in Israel. Not Upheld: Controversial Issues, Accuracy Introduction [1] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip....
Summary[This summary does not form part of the decision. ]A ONE News bulletin included an item on politicians' attendance at the Big Gay Out festival. The newsreader said, 'The community makes up to 10 percent of New Zealand's population and MPs were keen to show their support'. The Authority did not uphold the complaint that this statement and in particular the figure of 10 percent was inaccurate and misleading. It was expressed as an approximate figure only. There is no data available showing the exact size of the Lesbian, Gay, Bi-sexual and Transgender (LBGT) community against which to assess the accuracy of the statement. Not Upheld: AccuracyIntroduction[1] A ONE News item covered the Big Gay Out event in Auckland. The newsreader introduced the item by saying: The importance of the gay vote was evident today as a pack of politicians joined thousands at Auckland's Big Gay Out festival....
The Authority has not upheld a complaint concerning an item on 1News reporting on cuts to the public sector. The complainant considered the broadcast’s claim that public sector spending cuts were to help pay for the government’s tax cuts was inaccurate, unbalanced and was unfair to Minister of Finance Nicola Willis, as it fully attributed public sector funding reductions to paying for tax cuts. The Authority found no breach of the accuracy standard, noting the broadcast did not fully attribute public sector funding reductions to paying for tax cuts. It further found in a news story about the impact of the cuts, the broadcaster was not required to include reference to other reasons for better management of government funds, as well as other financial measures that would also help pay for tax cuts, as the complainant had submitted....
The Authority has not upheld a complaint that a TVNZ news report concerning an Israeli military operation in the Occupied West Bank breached the balance and accuracy standards. The Authority found the balance standard was not breached as the requirement to present additional perspectives is reduced for programmes narrowly focused on one aspect of a larger complex matter, and the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage. While noting the balance standard is not directed at bias, the Authority also identified no bias in the language used in the broadcast. The Authority also found reasonable viewers were unlikely to be misled by the content, language used or absence of further context. Not Upheld: Balance and Accuracy...
The Authority has not upheld a complaint about a Radio New Zealand report which indicated a run of hot days in Hamilton was probably unprecedented. The complainant provided records from the 1930s, suggesting Hamilton had previously experienced a heatwave of greater duration and intensity. He argued the broadcast was inaccurate and, when notified of the previous heatwave, RNZ had taken insufficient actions to correct any misleading impressions. The Authority found the statements complained about were analysis, comment or opinion to which the standard does not apply and, in any event, did not result in the broadcast being misleading. Not Upheld: Accuracy...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FAMILIES APART REQUIRE EQUALITY INC (FARE) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...
The Authority has not upheld a complaint a 1 News item on fire dangers posed by lithium batteries was inaccurate for including footage of a vehicle which was not confirmed to have been affected by a lithium battery fire. The Authority found the alleged inaccuracy was not material and would not have significantly impacted viewers’ understanding of the broadcast as a whole. Not Upheld: Accuracy...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....
ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...
SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....
ComplaintSome of my best friends are … Muslims – Muslims, Christians and "zsh" described favourably as religions – "zsh" apparently "Jewish" but allegedly censored – excision breached standards of balance, accuracy and fairness FindingsStandard 4; Standard 5; Standard 6 – no evidence of any censorship in programme designed to promote tolerance – no uphold This headnote does not form part of the decision. Summary [1] The comments made by a Muslim woman were indistinct when she was promoting understanding between Muslims, Christians and a third religious group – possibly Jews. The incident occurred in the programme, Some of my best friends are… which looks at minority groups in New Zealand. Muslims was the group featured in the programme broadcast on TV One at 7. 00pm on 29 March 2003....