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Decisions
Mental Health Foundation of New Zealand and TV3 Network Services Ltd - 2002-047
2002-047

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

Decisions
Cosmetic, Toiletry & Fragrance Association of NZ Inc and Television New Zealand Ltd - 2007-082
2007-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Decisions
Ridley-Smith and Radio New Zealand Ltd - 2012-102
2012-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Decisions
Slater and Television New Zealand Ltd - 2000-062
2000-062

ComplaintOne News – Gisborne pathologist – misdiagnosis – inaccurate interpretation of statistics; unfair to pathologist FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to report the errors – no uphold This headnote does not form part of the decision. Summary The inquiry into the misdiagnosis of cervical smears in Gisborne was the subject of a report on One News broadcast on TV One on 7 January 2000 between 6. 00–7. 00pm. The item reported that the pathologist’s error rate was 86%. Stuart Slater complained to Television New Zealand Ltd, the broadcaster, that the report was inaccurate and unfair to the pathologist. In his view, an attempt should have been made to provide a neutral, informed commentary against the allegations made. TVNZ responded that its report accurately represented the figures released by the Health Funding Authority and were attributed to it....

Decisions
Dickson, Dunlop and McMillan and TV3 Network Services Ltd - 1998-025, 1998-026, 1998-027
1998-025–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Decisions
Knight and Radio Pacific Ltd - 1998-121
1998-121

SummaryAccording to host John Banks, in his programme broadcast on Radio Pacific on 31 July 1998 between 6. 00-9. 00am, New Zealand needed allies like the Americans to protect it from enemies like Japan. Other similar references were made to Japan and its people. Mrs Knight complained to Radio Pacific Ltd, the broadcaster, that the remarks should not have been broadcast. In her view, the only purpose of the comments was to engender negative feelings among New Zealanders about Japan. She considered they were personal views, which Mr Banks should have kept to himself. Mrs Knight asked for an explanation and apology. In its response, Radio Pacific emphasised that talkback was a forum in which a variety of views could be expressed, even those which were contentious and provocative. It suggested that those who objected to Mr Banks’ views should phone and have their say on air....

Decisions
Centre for Psycho-Sociological Development and Television New Zealand Ltd - 1996-030
1996-030

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 030 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Atkinson, Davies and Dove and TV3 Network Services Ltd - 1996-183, 1996-184, 1996-185
1996-183–185

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-183 Decision No: 1996-184 Decision No: 1996-185 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BOB ATKINSON of Nelson and EVAN DAVIES of Hamilton and MARIA DOVE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Voluntary Law Association of India New Zealand Inc and Access Community Radio Inc - 2010-162
2010-162

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....

Decisions
Right to Life New Zealand Inc and Radio New Zealand Ltd - 2015-095 (14 April 2016)
2015-095

Summary[This summary does not form part of the decision. ]Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] Morning Report featured an interview with Matt Vickers, an assisted dying campaigner and the husband of the late Lecretia Seales, about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand....

Decisions
Boyce and Radio New Zealand Ltd - 2016-096 (8 March 2017)
2016-096

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Decisions
Moselen and Television New Zealand Ltd - 2020-058 (16 December 2020)
2020-058

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

Decisions
Reid and Television New Zealand Ltd - 2011-091
2011-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....

Decisions
Leitch and Television New Zealand Ltd and TVWorks Ltd - 2012-104
2012-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight and 3 News – items used the word “gay” to mean “homosexual” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – Authority has previously declined to determine an identical complaint from Mr Leitch – complaints frivolous and trivial – vexatious to refer three identical complaints following Authority’s previous ruling – Authority declines to determine the complaints in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Three news items covering the debate around legalising “gay marriage”, used the word “gay” numerous times to mean “homosexual”. The items were broadcast on TV One and TV3 on 27 July and 29 August 2012....

Decisions
Cook and Radio New Zealand Ltd - 2013-014
2013-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Decisions
Kelsey and Radio New Zealand Ltd - 2023-098 (16 January 2024)
2023-098

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...

Decisions
New Zealand Fire Service and TV3 Network Services Ltd - 1996-182
1996-182

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...

Decisions
Capital Coast Health and Radio New Zealand Ltd and The Radio Network Ltd - 1997-049, 1997-50
1997-049–050

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-049 Decision No: 1997-050 Dated the 21st day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CAPITAL COAST HEALTH (2) Broadcasters RADIO NEW ZEALAND LIMITED and THE RADIO NETWORK LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Clarkson and Canterbury Television Ltd - 1994-054
1994-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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