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An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six cafés in Auckland – stated that food sample from Café Cézanne had tested positive for faecal coliforms which “could make you very sick” – sample had been incorrectly labelled and it was later discovered that it did not come from Café Cézanne – in the meantime broadcaster broadcast an apology (in following episode) that did not exclude possibility that sample came from Café Cézanne – both programmes allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – serious allegation that Café Cézanne’s food was contaminated with faecal coliforms was broadcast without verifying or checking results – sample did not come from Café Cézanne – apology was also inaccurate and inadequate to rectify the breach – upheld Standard 6 (fairness) – broadcaster did not give the complainants a fair and reasonable opportunity to respond because they were not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement prior to commercial break referred to volcano eruption and tsunami threat – allegedly misleading and inaccurate Findings Standard 5 (accuracy) and guideline 5b – statement would not have misled or alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, beginning at 6pm on 2 March 2007, presenter Simon Dallow said: Just ahead this news hour, a volcano eruption sparks fears of tsunami. [2] Following the commercial break, One News reported that a volcanic eruption on the island of Stromboli, off the Sicilian coast, had “sparked a warning that it could trigger a tsunami similar to the one that caused widespread damage five years ago”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....

AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989AMP Business – reported commodity prices without reference to currency – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers interested in commodity prices would have known the currency was US dollars so would not have been misled – not upheld Standard 6 (fairness) – standard only applies to individuals “taking part or referred to” – not upheld This headnote does not form part of the decision. Broadcast [1] During AMP Business, broadcast on TV One at 6am on 15 April 2011, the programme’s presenter reported on commodity prices for oil and gold. A graphic showing these prices was displayed on-screen, and the prices were displayed as numbers, without any reference to currency. For example, “Gold Price” was reported as “1472. 20”, which was up “16. 45”. The presenter stated, “commodities, a little bit mixed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Harry – fictional crime drama series set in South Auckland in which a detective investigated a spate of robberies – allegedly in breach of standards relating to discrimination and denigration, law and order, good taste and decency, violence, and accuracyFindingsStandard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama (guideline 7a) – programme did not encourage the denigration of, or discrimination against, South Pacific people as a section of the community – not upheld Standard 2 (law and order) – depiction of criminal activity in fictional drama did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld Standard 1 (good taste and decency) – sexual content brief and inexplicit – acceptable in the context of AO-rated programme broadcast at 9....

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

Summary[This summary does not form part of the decision. ]Afternoons featured an interview with the author of a recently published book about life in Scandinavia. The Authority did not uphold a complaint that a statement in the introduction to the interview that two people were killed at a free speech forum in Copenhagen was inaccurate because one of the victims was killed at a synagogue. The segment was not news, current affairs or a factual programme to which the accuracy standard applied. In any event, the statement did not constitute a material inaccuracy in the context of the item as a whole. Not Upheld: Accuracy Introduction[1] Afternoons featured an interview with the author of a recently published book, The Almost Nearly Perfect People: Behind the Myth of the Scandinavian Utopia....

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. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority did not uphold a complaint that an interview on Morning Report with Martin Sellner, the leader of an Austrian far-right group, was unbalanced or misleading. Interviewer Corin Dann questioned Mr Sellner on the donation he had received from the alleged Mosque attacker and Mr Sellner’s choice to give some of the money to Victim Support, a charity assisting victims of the Mosque attacks. In response to other questions, Mr Sellner also provided some comment regarding his ideologies. During the interview, Mr Dann questioned whether Mr Sellner had a role in radicalising the alleged attacker and whether Mr Sellner felt any responsibility for the attacks. The Authority found that the balance standard was not breached considering the clear approach of the broadcast, focussing on the perspective of Mr Sellner, the introduction prior to the interview and Mr Dann’s questioning of Mr Sellner....

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

The Authority has not upheld a complaint that two interviews on Morning Report, which explored the propriety of funding for a campaign to encourage Māori to register on the Māori electoral roll, breached the balance and accuracy standards. The complainant said the interviews with Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency (WOCA) which funded the campaign, and with Hon Shane Jones, who was asked to comment on the issue, displayed ‘anti-Māori bias’. Noting the broadcast incorrectly stated WOCA was a government agency, the complainant also said listeners would be left with an impression there was corruption taking place based on a false assumption. The Authority found the balance standard was not breached as significant perspectives about the advertising campaign were presented in the broadcast and in other media within the period of current interest....

The Authority has not upheld a complaint that a brief Radio New Zealand (RNZ) News bulletin, reporting regarding violence in Amsterdam surrounding a football match between Ajax and Maccabi Tel Aviv, was inaccurate and unbalanced. The Authority found the brief, straightforward item did not amount to a ‘discussion’ of a controversial issue for the purposes of the balance standard; and listeners were unlikely to be misled by this single item given RNZ’s and other outlets’ earlier coverage of the events. By the time this item was broadcast, RNZ had already reported the information the complainant wished to be included in several other bulletins the previous evening and earlier the same day. Therefore, the Authority overall did not find any harm at a level justifying regulatory intervention. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...