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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....

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

The Authority has not upheld a complaint about an episode of The Project in which Jesse Mulligan presented his view on whether New Zealand should ‘be more like Sweden’ in responding to COVID-19. Mr Mulligan stated ‘[Sweden's] number of COVID cases is actually going up, the virus is not under control and although their deaths are down, they're seeing more infections every day’. Mr Mulligan’s statement was not materially inaccurate and was unlikely to mislead viewers in the context, including given the wealth of other coverage and commentary available. The potential harm did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]A Prime News item reported on the Conservative Party Annual General Meeting, which was the subject of a police call-out because a former Board member attempted to attend the meeting and was issued a trespass notice. The Authority did not uphold a complaint alleging that the item lacked balance, was inaccurate and was unfair to the Conservative Party and its former leader Colin Craig. The item was a straightforward news report that was not unfair to the Conservative Party or Colin Craig, who as a public figure should expect to be subject to some criticism and scrutiny. The item did not discuss a controversial issue of public importance that required the presentation of other views and was not inaccurate....

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Summary[This summary does not form part of the decision. ]An item broadcast during RNZ News reported on cycling campaigner Peter Walker’s new book, following an interview between RNZ and Mr Walker earlier that day. The item reported that helmets ‘do little to improve safety’ and are ‘stopping people from taking up cycling’. The Authority did not uphold a complaint that the omission of any reference to Mr Walker’s position on mandatory helmet legislation was misleading as Mr Walker is not ‘against helmets’ but rather against mandatory helmet laws. The Authority found that, while the short news item truncated a sophisticated topic and did not refer to Mr Walker’s views on mandatory helmet legislation, the ideas communicated in the news item were not materially different to the key themes communicated by Mr Walker during his earlier interview broadcast on RNZ....

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 120/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TWILIGHT PROMOTIONS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1C) of the Broadcasting Act 1989Sunrise – item featured a woman who ran a sanctuary for ex-battery hens – included footage of caged hens – woman described condition of hens when they arrived at her property – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item focused on the experience of one woman – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – statement about uric acid presented as fact – inaccurate but immaterial in context of human interest story – point was that chickens were in poor condition as a result of being caged – not misleading to use footage of battery hens – not upheld Standard 6 (fairness) – industry not an individual or organisation taking part or referred to – complainant did not take part and was not referred to – not applicable – not upheld This headnote does…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – item reported on two bodies being found on top of a rail “carriage” – allegedly inaccurate Findings Principle 6 (accuracy) – use of “carriage” technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Two news bulletin items, broadcast on Newstalk ZB at 6. 30am and 7am respectively on Thursday 12 June 2008, reported on the discovery of two bodies on top of a rail wagon in a railway yard in Christchurch. [2] During the first item the presenter stated: Christchurch police have confirmed two bodies were found overnight at a railway yard in the city. . ....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

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(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...

Download a PDF of Interlocutory Decision No. ID1992-003:Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003 PDF558. 63 KB...