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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”....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-182 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND FIRE SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Victoria’s Empire – presenter made statements about the use of the drug opium by Chinese people in the early nineteenth century – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenter did not state that the Chinese as a people were addicted to opium in 1839 – reasonable viewers would have understood that the presenter’s comments were included in an historical context to explain the onset of the Opium Wars – not upheld Standard 6 (fairness) – complainant misinterpreted the presenter’s statement – presenter’s comments did not denigrate Chinese people – Chinese people treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Victoria’s Empire was broadcast on TV One at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintGood Morning – news item at 7. 00am and subsequently – report that President Bush wanted bin Laden dead or alive – misleading – incorrect FindingsPrinciple 6 – acceptable précis of President’s statement – no uphold This headnote does not form part of the decision. Summary [1] President Bush of the United States wanted "Osama bin Laden dead or alive for last Wednesday’s attacks" reported a news item broadcast on National Radio at 7. 00am on 18 September 2001. The item was repeated on subsequent news broadcasts. [2] Michael Gibson complained to Radio New Zealand Ltd, the broadcaster, that the item was incorrect. He said that he had advised RNZ, shortly after 7. 00am, that President Bush had said that wanted to bring bin Laden to justice. However, he added, the incorrect item had been repeated....

Complaint3 News – map used as backdrop factually inaccurate/misleading – New Zealand depicted as same length as north/south axis of Australia FindingsStandard G1 – graphic – not a fact – no uphold Standard G14 – not news – no uphold This headnote does not form part of the decision. Summary The graphic which forms the backdrop to 3 News features a map of the world with New Zealand depicted as being the same length as the north/south axis of Australia. D J Hamilton complained to TV3 Network Services Ltd, the broadcaster, that the map was factually inaccurate. He said it could be "subconsciously misleading" to students of geography and to the viewing public. TV3 responded that it did not consider the accuracy or otherwise of the studio backdrop to raise any issue of broadcasting standards. The broadcaster said the backdrop did not purport to be a fact....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on attempted rescue of surfing students being instructed by the complainant – showed confrontation between the complainant and members of the Piha Surf Lifesaving Club – reporter stated that “the first thing that [the Department of Labour] will find is that he is not even a registered surf instructor” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – accurate to say that complainant was not registered – implication was not that he had acted illegally, but that he had not demonstrated best practice – item contained clear comments from the complainant and from the school that he had not done anything wrong – viewers would not have been misled – not upheld Standard 6 (fairness) – item fairly presented complainant’s response – complainant treated fairly – not upheld This headnote does not form part of the decision....

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 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Download a PDF of Decision No. 1993-035: Credo Society Inc and TV3 Network Services Ltd - 1993-035 PDF264. 07 KB...

Download a PDF of Decision No. 1992-055:John Carter MP and Television New Zealand Ltd - 1992-055 PDF359. 68 KB...

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....