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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
ComplaintTonight – item on papal visit to Jerusalem – reference to Israel – inaccurate FindingsStandard G14 – reference ambiguous – implicitly included area beyond Jerusalem – no uphold This headnote does not form part of the decision. Summary A news reporter presenting a report on the papal visit to Jerusalem described himself as being in Israel when the scene depicted showed he was in East Jerusalem. The item was broadcast on Tonight on TV One at 10. 30pm on 23 March 2000. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate, as she maintained that East Jerusalem was not in Israel. In its response, TVNZ said the reference to Israel in the item was not inaccurate, although it conceded that the reporter’s description did not conform to its house style. It declined to uphold the complaint....
ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....
Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....
Summary[This summary does not form part of the decision. ]Paul Henry featured an interview with the president of the Police Association about assaults on police and the debate about whether to arm front-line police officers with tasers. Towards the start of the interview, Mr Henry said, ‘The numbers are truly extraordinary, aren’t they? Violent attacks on police officers are definitely going up’. The Authority upheld a complaint that this comment was inaccurate, as the number of assaults on police officers was actually decreasing. However, it did not uphold a complaint that the item was unbalanced, as MediaWorks made reasonable efforts to provide balance on the issue of taser carriage by police within the period of current interest....
Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....
Summary[This summary does not form part of the decision. ] During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking....
Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint that statements made by Jesse Mulligan during a segment of The Project breached the accuracy standard. Mr Mulligan criticised National MP Judith Collins for retweeting a story in relation to changes to France’s child sex laws, stating the story was ‘made up’ and claiming Ms Collins was ‘learning that in 2018 you don't need to show people the truth’. The Authority found Mr Mulligan’s statements were statements of opinion and analysis and therefore the accuracy standard did not apply. In reaching the decision the Authority considered the context in which the comments were made, including the focus of the segment as a whole and audience expectations of The Project. Not Upheld: Accuracy The broadcast[1] A segment of The Project discussed National MP Judith Collins’ tweet of a story published by yournewswire....
The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...
Complaint Radio Pacific – talkback host Mark Bennett – critical of appointment of gay or lesbian police liaison officer – comments said to encourage denigration – inaccurate – unfairFindings Principle 7 and Guideline 7a – odious comment – obsolete stereotypes – comparators used displayed illegal behaviour – high threshold for breach not attainedPrinciple 5 and Guideline 5c – not applicable – not upheldPrinciple 6 and Guideline 6c – not applicable – not upheld This headnote does not form part of the decision Summary[1] The appointment of a gay and lesbian police liaison officer in Hamilton was the subject of critical comment by the host (Mark Bennett) in a broadcast on Radio Pacific talkback. The comments were broadcast at about 3. 15pm on Wednesday 15 October 2003....
Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about the experience of a man who purchased the “Hire A Hubby” franchise for the suburb of Greenlane in Auckland – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – not inaccurate or misleading – Target mentioned that there had been a settlement – the settlement was not the focus of the item – not upheld Standard 6 (fairness) – fairness arguments relied on the programme being misleading – FBL was treated fairly and given a fair opportunity to comment – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, broadcast on TV3 at 7. 30pm on 29 April 2008, covered the story of Colin Hinds and his experience as a Hire A Hubby franchisee....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – programme focussed on forthcoming Civil Unions Bill – included a telephone poll asking viewers to respond to the question “Should gay relationships be legally recognised” – polls results found 24% in favour of gay relationships being recognised and 76% against – closing comments by host queried which polls politicians in support of the Bill were relying on – allegedly unbalanced and inaccurateFindings Standard 5 (accuracy) – poll not presented as scientific – results reflected only the views of those willing to call in – limitations of poll clear – host’s comments presented as opinion not fact – not upheld Standard 4 (balance) – standard not applicable – not upheldThis headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....
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”....
Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....
Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....