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Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item including pictures of the 9/11 attack on the Pentagon – allegedly inaccurate and in breach of programme information standardFindingsStandard 5 (accuracy) – decline to determine under s. 11(b) of the Broadcasting Act whether plane actually hit the Pentagon– item not misleading or inaccurate in any respect – not upheld Standard 8 (programme information) – graphic of plane was overt and did not constitute “subliminal perception” – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News at 6pm on 17 May 2006 included pictures of the 9/11 attack on the Pentagon which had just been released by the United States military. The segment stated that the release of these pictures “may fail to put to rest the many conspiracy theories that are surfacing on the internet”....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

Summary[This summary does not form part of the decision. ]Two items on Newshub reported on incidents of violence which occurred in the city of Hebron, in the West Bank, and in Jerusalem. The Authority did not uphold complaints from the Wellington Palestine Group that the items were inaccurate and misleading. The reporters’ references to Hebron in the West Bank, and to Jerusalem, were correct and there was no implication during either item that these events occurred in Israel, as alleged. The lack of an explicit reference to ‘Occupied Territories’ or to ‘Occupied Palestinian Territories’ did not result in the items as a whole being inaccurate or misleading. Not Upheld: AccuracyIntroduction[1] An item on Newshub reported on the shooting of a wounded Palestinian man by an Israeli soldier in the city of Hebron in the West Bank....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – news item – question in Parliament about National Party leader Dr Brash’s previous interest in Treaty of Waitangi and racial issues – impression said to be left that he had never raised such concerns previously – allegedly inaccurateFindings Principle 6 (accuracy) – news item showed leader of New Zealand First and the Prime Minister “ganging up” on leader of the National Party – Parliamentary question reported accurately – not upheld This headnote does not form part of the decision. Broadcast [1] A question in Parliament from the leader of New Zealand First to the Prime Minister about the leader of the National Party’s previous concerns about the Treaty of Waitangi and race issues, before his recent Orewa speech, was the lead item on the news on Newstalk ZB broadcast at 5. 00pm on Wednesday 25 February 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview with member of United Kingdom National Commission into Islam – presenter referred to young Muslims being recruited by terrorist groups – allegedly inaccurate and denigratory of Muslims Findings Principle 6 (Accuracy) – item accurate – not upheld Principle 7 (Fairness – denigration) – item not denigratory of Muslims – comment by presenter did not refer to Muslims generally – comment was accurate – words used were in context of serious comment about United Kingdom police policy towards Muslims – not upheld This headnote does not form part of the decision. Broadcast [1] In Nine to Noon, broadcast on National Radio on the morning of 9 June 2004, presenter Linda Clark interviewed Robin Richardson, a member of the United Kingdom’s National Commission into Islam....

ComplaintOne News – item reported survey of teenagers’ attitudes – suggested amongst other things trend to drugs away from alcohol and disrespect for New Zealand Flag and Anthem – inaccurate – biased FindingsStandard G1 – not inaccurate – no uphold Standard G5 – no disrespect for principles of law – no uphold Standard G6 – not unfair or unbalanced – no uphold This headnote does not form part of the decision. Summary [1] The findings of a survey of teenagers were reported in an item on One News broadcast on TV One at 6. 00pm on 29 October 2001. Among the findings were changes in attitudes to drugs, the National Anthem and the New Zealand Flag. [2] Kenneth Lord complained to Television New Zealand Ltd, the broadcaster, that the findings were biased and amounted to propaganda....

Summary A reduction in unemployment levels was illustrated by use of a graph in a news item broadcast on One Network News on 4 November 1999 between 6. 00–7. 00pm. Mr Kammler complained to Television New Zealand Ltd, the broadcaster, that the visual message of the graph was distorted because the vertical axis had not started at zero. As a result, he said, the decline in the unemployment level appeared to be greater than it actually was. In his view the item had not reflected the truth. TVNZ acknowledged Mr Kammler’s argument, but said it was necessary to see the graph in its television context, where its function was to convey a stylistic indication of a trend, rather than being very specific information – such as in a written text – which could be referred back to later....

Download a PDF of Decision No. 1993-171–172:Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172 PDF1. 28 MB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-096 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SYLVIA GATES of Ashburton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....