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Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-110 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CLEMENTS of Orewa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: 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 surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand News – item reported that pedestrian had been hit by a bus in Wellington – newsreader stated, “St John Ambulance says a woman in her mid-forties was hit by a bus on the corner of Hunter and Featherston streets… A spokesperson says the woman sustained moderate injuries and was transferred to Wellington hospital…” – reference to St John Ambulance allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – reference to St John Ambulance was not material to the focus of the item and would not have misled listeners in any material respect – not upheldStandard 6 (fairness) – Wellington Free Ambulance did not take part and was not referred to in the broadcast so listeners would not have been left with an unfairly negative impression of it as an organisation – in any event the reference to St John Ambulance was…...

The Authority has not upheld a complaint that two RNZ broadcasts, a week apart — Morning Report and The Detail — about New Zealand’s low-risk alcohol drinking guidelines were unbalanced and inaccurate. The Authority found that any inaccuracies regarding Canada’s alcohol guidelines were not material in the context of the overall broadcasts. With respect to balance, the Authority found the Morning Report broadcast was clearly signalled as focussing on one aspect of the much larger, complex debate on alcohol policy. Although the complainant was mentioned once during Morning Report, in the context the audience would not have expected a countering viewpoint to be presented from the complainant or the industry. The Detail carried significant public interest and sufficiently alerted listeners to alternative perspectives through a comment from the Executive Director of the New Zealand Alcohol Beverages Council and the host’s use of ‘devil’s advocate’ questioning. Not Upheld: Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

The Authority has not upheld a complaint about an item on 1 News in which Darryl Leigh Thomson was described as a co-writer of the song ‘E Tū’. While the Authority agreed it was not accurate to describe Mr Thomson as having co-written the song, it found TVNZ made reasonable efforts to ensure accuracy. Not Upheld: Accuracy...

The Authority has declined to determine a complaint under various standards about an answer during the DUKE Quiz which, in identifying an astronaut who ‘did not set foot on the moon’, stated ‘but then, did anyone really land on the moon? ’. The Authority considered the complaint was trivial and did not warrant determination. Declined to Determine (section 11(a) of the Broadcasting Act 1989 – trivial): Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Accuracy...

The Authority has not upheld a complaint that a 1 News Covid Update broadcast breached the balance and accuracy standards by featuring modelling of the current COVID-19 outbreak provided by Professor Shaun Hendy. The Authority found the balance standard was not breached. While the item discussed the topic of COVID-19 modelling, which is a controversial issue of public importance, it was clearly signalled as approaching the topic from a particular perspective. Viewers could also reasonably be expected to be aware of alternative views from other coverage.  The accuracy standard was not breached as the modelling was analysis, comment or opinion and so was not subject to the standard. Not Upheld: Balance, Accuracy...

Summary [This summary does not form part of the decision]An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome. Not Upheld: Discrimination and Denigration, Accuracy, FairnessIntroduction[1] An episode of a local murder mystery series, The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome (Amanda) as a lead suspect in a murder. Amanda was portrayed as intense and socially awkward, which other characters attributed to her possible Asperger Syndrome. Amanda was later proven not to be the murderer....

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview about housing market in Auckland – interviewer commented, “with section prices actually falling in some of the city’s outlying areas” – allegedly inaccurate FindingsStandard 5 (accuracy) – host’s brief comment in the introduction was not a material point of fact in the context of the interview – comment would not have materially altered listeners’ understanding of the issues discussed – not upheld This headnote does not form part of the decision. Introduction [1] During Nine to Noon, the host interviewed the chair of the Productivity Commission about the Commission’s recent report on housing affordability, provided to the Government in March 2012. The host introduced the interview as follows: Our next guest is here to talk about Auckland property prices going balmy. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the findings of an investigation into the actions of the Government Communications Security Bureau, and the Government’s proposed response to those findings – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – this was a straightforward news report on the findings of an investigation into the legality of the agency’s actions – key finding was that the governing legislation was ambiguous and so arguably the agency did not breach it – reported that the Government’s proposed response was to amend the legislation to clarify ambiguity – item did not analyse or discuss the intentions of the governing legislation – reporter’s comments were accurate in context and would not have misled viewers – not upheld This headnote does not form part of the decision....

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. 1992-004:Credo Society Inc and Campus Radio BFM Ltd - 1992-004389. 62 KB...