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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-128 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET MIDDLEMISS of Featherston Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – “On This Day” segment referred to financial markets crash in 1929, advances in the Cuban missile crisis in 1962, dedications to two famous monuments and birthdays of famous people – viewer feedback pointed out that it was also the date the New Zealand Declaration of Independence was signed in 1835 – allegedly in breach of controversial issues and accuracy FindingsStandard 4 (controversial issues – viewpoints) – segment did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – signing of the Declaration was referred to in viewer feedback – viewers would not have been misled by the omission of information about the Declaration in the segment – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6....

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....

Summary A psychic involved in a private search for two missing Blenheim friends in the Marlborough Sounds expounded her theory on how they had died in an item on One Network News broadcast on TV One on 10 April 1998 between 6. 00–7. 00pm. Ms Gendall complained to Television New Zealand Ltd, the broadcaster, that it was offensive and unnecessarily distressing to the families to have the psychic offer her "grisly conclusions" as to how they had died. She also considered that the credibility of the psychic should have been questioned. The comment, she observed, had not been included in the later evening news bulletin. TVNZ responded that it was justified in reporting the psychic’s search, particularly as both of the families had been involved in the search....

Summary In an item concerning the plight of ethnic Albanian refugees it was reported, in a broadcast on National Radio on 17 September 1998 at 6. 12pm, that they had been prevented by the Serbian army from returning to Albania and were unwelcome in Macedonia to the south. The secretary for the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd that it was inaccurate, and in direct contravention of a UN resolution, to describe the Former Yugoslav Republic of Macedonia simply as Macedonia. It also complained that RNZ had failed to show balance, impartiality and fairness in its presentation of the item. In its response, RNZ pointed out that controversy still existed over the name of the country and it contended that no inaccurate understanding had been conveyed....

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 19893 News and Nightline – item about security camera outside apartment in Auckland – owners concerned that camera would capture images inside their home – item said the Police had assured them that camera was broken, and once fixed any images would be pixellated – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (accuracy) – one statement misleading – upheld Standard 6 (fairness) – item dealt justly and fairly with the Police – not upheldNo Order This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 30 November 2005, an item was broadcast on 3 News about a security camera positioned outside the apartment of an Auckland couple....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that Green Party was calling for an urgent safety review of non-stick cookware – claimed the US Environmental Protection Agency had found possible links between non-stick cookware, cancer and birth defects – veterinarian stated that non-stick pans could be deadly to household birds – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – item contained misleading and inaccurate statements – would have unnecessarily alarmed viewers – upheld Standard 6 (fairness) – not unfair to any person or organisation taking part in the programme – not upheldOrderSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant of $927. 50 Section 16(4) – payment of costs to the Crown $2,500....

Summary A soccer game between Croatia and Yugoslavia ended in a riot, according to a news item on One Network News broadcast on TV One on 19 August 1999 between 6. 00–7. 00pm. The footage which accompanied the item showed baton-wielding police, players and spectators fighting on the soccer field. Gordon Sunde complained to Television New Zealand Ltd, the broadcaster, that the item had been fabricated and was totally misleading. The game, he said, had been played without incident. The video clip shown related to a game which had been played between the same two countries in 1991 and had no relationship to the one being reported. He sought an apology and correction. TVNZ responded to the complaint informally and advised that a correction would be prepared for broadcast. It explained that the footage had been used by mistake and apologised to Mr Sunde....

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....

ComplaintOne News – news bulletins about Middle East conflict – inaccurate descriptions of geography – Jerusalem, Gaza Strip and West Bank are Occupied Territory – Old City of Jerusalem not "The Contested City" as asserted in caption FindingsStandard G14 – briefing from MFAT – reference to TVNZ’s Journalists’ Manual – "the Occupied Territories" is the correct term – uphold No Order This headnote does not form part of the decision. Summary A map of the Old City of Jerusalem was captioned with the words "The Contested City", in an item about the Middle East conflict broadcast on One News on TV One at 6. 00pm on 4 October 2000. Helen Zarifeh, on behalf of the Wellington Palestine Group, complained to Television New Zealand Ltd, the broadcaster, that its news bulletins generally failed to describe aspects of Middle East geography accurately....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

A news segment on The AM Show about name suppression included a clip from an interview with former Attorney-General, Chris Finlayson QC, which had been broadcast live on air earlier in the programme. The clip from the interview played during the news item related to Mr Finlayson’s comments about bullying allegations in Parliament, rather than his views on name suppression laws. The broadcaster acknowledged this clip placement was in error. A complaint was made that this error was significantly inaccurate, as it would have misled viewers as to Mr Finlayson’s views regarding name suppression laws. The Authority did not uphold the complaint, finding that while the broadcaster made an error in playing the clip during that particular news segment, it was not significantly misleading in the context of the item as a whole. The Authority acknowledged the technical mistake and did not uphold the complaint. Not Upheld: Accuracy...

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint about an item on Morning Report which briefly discussed soil contamination at, and the possible repurposing of, a chemical plant site in Paritutu, New Plymouth. The complainant, an interviewee on the broadcast, argued the item misrepresented likely contamination levels by citing test results from outside of the plant site, and through a comment that the site was cleaner than that at Mapua. The Authority found the statements complained about either were not materially inaccurate, or were clearly distinguishable as opinion, to which the requirement for factual accuracy does not apply. The broadcast was unlikely to mislead listeners. The balance and fairness standards either did not apply or were not breached. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld two complaints about a broadcast of The Panel which briefly discussed public perception of the recognition of a Palestinian state and the panellists’ views on whether Aotearoa New Zealand should sanction Israel. The complaints were made under several standards and included claims the broadcast was unbalanced for not including comment from Palestinians ‘or directly affected individuals’, and treated Palestinians unfairly. Additionally, a panellist’s comment was said to be inaccurate and misleading, and to discriminate against and denigrate Palestinians. Under the balance standard, the Authority found alternative perspectives were provided by the other panellist. In addition, the broadcast: was clearly signalled as approaching the topics canvassed from the panellists’ perspectives; was narrowly focussed on certain aspects of the much larger, complex Israel-Palestine conflict; and listeners were likely to be aware of significant viewpoints given the issues had been frequently covered in a range of media....