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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-163 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R. IAN HENRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandards 4 (controversial issues – viewpoints), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – selection of items to include in news programmes is a matter of editorial discretion – complainant did not specify which parts of the programme breached standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Tuesday 29 June 2010. Complaint [2] River Tucker complained to TVWorks Ltd, the broadcaster, alleging that “the lack of any in-depth reporting into issues that are important to New Zealanders” on 3 News breached standards relating to the discussion of controversial issues, accuracy, fairness and responsible programming....

Complaint 20/20 – "The Goons" – item about Christchurch Prison Emergency Response Unit – inaccurate, unfair and unbalanced FindingsStandards 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracies (i) did not "order" penis incident; (ii) not found guilty of 21 breaches of code of conduct – uphold on these 2 points – no other inaccuracies Standard 6 – complainant no opportunity to present views – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] "The Goons", an item on 20/20, was broadcast by TV3 at 7. 30pm on 9 June 2002. The item investigated the activities of the Christchurch Prison Emergency Response Unit (ERU), referred to by some as the "Goon Squad". [2] Doug Smith complained to TV3 Network Services Ltd, the broadcaster, that the item contained a number of inaccurate statements, and was unbalanced....

ComplaintMorning Report – presenter stated "To Israel […] and the streets of Bethlehem" – inaccurate FindingsPrinciple 6 – implication that Bethlehem in Israel – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] On Morning Report broadcast on National Radio on 24 December 2002 at approximately 7. 50am, the presenter stated "To Israel […] and the streets of Bethlehem…". [2] On behalf of the Palestine Human Rights Campaign (PHRC), David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, as Bethlehem was not in Israel. [3] In response, RNZ said that the item was not inaccurate, as there was no assertion on the part of the presenter, or in the item, that Bethlehem was in Israel....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – reasonable opportunities given to present significant points of view – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Mr Friedlander of the Road Transport Forum NZ – not upheldThis headnote does not form part of the decision. Broadcast [1] An item called “High Way” on 60 Minutes broadcast on TV3 at 7. 30pm on 20 June 2005 investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a 3 News item on the Electoral Finance Bill was misleading and inaccurate when it said, first, that "new rules will stop big election donors from staying anonymous", and second, that "according to the new rules, donations over $10,000 can no longer be anonymous” In fact, the Bill did nothing to prevent big election donors to political parties from staying anonymous, and there was nothing new about the $10,000 threshold for declaring donations to political parties....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No:136/94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEADER OF THE OPPOSITION (Rt Hon HELEN CLARK) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

The Authority has declined to determine a complaint regarding a news item about future upgrades to Wellington Airport infrastructure, including new runway technology designed to allow larger planes to land in the capital. The complainant said the item lacked balance and accuracy as the story was illustrated with some footage of windy conditions in Wellington, instead of showing Wellington on calm and windy days. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to determine (section 11(b) Broadcasting Act 1989, in all the circumstances):  Balance, Accuracy...

The Authority has not upheld a complaint under the balance and accuracy standards about an interview on Morning Report with ‘[a]n Iranian woman, living in New Zealand … shocked by the scale of attacks from Israel on Iran’. The complainant alleged the broadcast ‘presented a one-sided narrative critical of Israel’, and omitted significant viewpoints — namely, those of ‘pro-Israel Iranians’ — and vital context. The complainant also alleged the broadcast contained material inaccuracies, by indicating Israel targeted residential buildings and misled listeners regarding the Iranian regime and Israel’s intentions. The Authority found the broadcast was not claiming nor intending to be a balanced examination of perspectives on the conflict. The audience could also reasonably be expected to be aware of significant context and viewpoints from other media coverage....

Summary[This summary does not form part of the decision. ]The Pukeroa Oruawhata Trust has a regular broadcasting programme on Te Arawa FM, which is paid for by the Trust and enables the Trust to ‘share its views on issues affecting the Trust with its beneficiaries’. The programme featured an interview with the Trust’s deputy chairman, in which he made a number of negative comments about Te Komiti Nui o Ngāti Whakaue, Ngāti Whakaue Tribal Lands Incorporation and its former chairman. The Authority upheld a complaint that the programme was unbalanced, as it contained a discussion of issues that were controversial and of public importance to Te Arawa’s audience, but did not present any significant countering viewpoints to those expressed by the interviewee. The Authority also upheld the complaint that the former chairman of NWTLI, the complainant, was treated unfairly....