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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included Colmar Brunton poll results on the percentage of party votes for major political parties – results did not take account of “undecided voters” – allegedly inaccurateFindingsStandard 5 (accuracy) – omission of undecided voters not material given the focus and context of the item which was the decline in the level of support for the National Party – potential harm in terms of impact on voter participation was not significant given the length of time until next general election – viewers would not have been misled in any material respect – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]One of the hosts of talkback show, The Two, treated two callers in a way that the complainant considered to be unfair. The broadcaster upheld his complaint in relation to one of the callers. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the broadcast otherwise breached standards. Talkback radio is recognised as a robust and opinionated forum in which hosts may sometimes behave rudely. The host in this case was expressing her opinion, and her comments did not go beyond what could reasonably be expected....

Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...

Download a PDF of Decision No. 1993-161:Baby Relax (NZ) Ltd and Television New Zealand Ltd - 1993-161 PDF1. 3 MB...

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

The Authority has not upheld a complaint about a comment by Mark Richardson on The Project regarding the Green Party and its responsibility for the protection of native trees. The statement was an opinion not subject to the accuracy standard, and was not unfair to the Green Party. The programme information standard did not apply. Not Upheld: Accuracy, Fairness, Programme Information...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-034 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-174 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CLIVE HAYWARD of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A trailer broadcast during the news hour on One Network News on 20 May 1998 between 6. 00-7. 00pm advised that New Zealand’s Rugby Sevens team was at "Israel’s Wailing Wall". The item itself included a caption which identified the Wailing Wall as being in Jerusalem, and the script identified it as part of Israel. The Wellington Palestine Group, through a representative, complained to Television New Zealand Ltd, the broadcaster that both the trailer and the item perpetuated an untruth, as the Wailing Wall was not part of Israel. The group said it objected to seeing TVNZ being used as a vehicle for Israeli propaganda. TVNZ responded that both the trailer and the item were in error in describing the Wailing Wall as being in Israel. On these points the complaint was upheld....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – reference to the Arabian Gulf in a news report – allegedly inaccurateFindings Principle 6 (accuracy) – use of the term Arabian Gulf inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] During a news item broadcast on Radio Live on 9 April 2007, a reporter used the term “Arabian Gulf” when reporting that a British service woman had been freed after being held hostage for 13 days in Iran. Complaint[2] Babak Mahdavi complained to CanWest RadioWorks Ltd, the broadcaster, that the body of water which separates the Iranian Plateau from the Arabian Peninsula was officially named the “Persian Gulf”, and therefore it was inaccurate to refer to it as the Arabian Gulf....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – 18 February item on family who had booked a motor-home holiday around New Zealand – paid a deposit of $4070 – family unable to take holiday due to a death in the family – motor-home company refunded them $852 – programme alleged this was unfair and in breach of the law – manager of the company was interviewed and agreed to abide by the findings of an independent accountant – allegedly inaccurate and unfair Fair Go – 25 February follow up item recapped events from original item – included interviews with the independent accountant and the company's manager – after receiving an adverse finding by the accountant, the manager apologised to the family and gave them a cheque refunding the remainder of their deposit – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11b of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....