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Decisions
Wellington Palestine Group and Television New Zealand Ltd - 1997-009
1997-009

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-009 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
University of Auckland and Radio Pacific Ltd - 1998-141
1998-141

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
Boyce and Radio New Zealand Ltd - 2000-091
2000-091

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

Decisions
James and Television New Zealand Ltd - 2000-172, 2000-173
2000-172–173

Complaint 5 o’clock with Jude Dobson – naturopath promoted soy products as being efficacious for menopausal women – unbalanced – inaccurate FindingsAdvertising programme within the meaning of s. 2 of the Broadcasting Act 1989 and therefore not within the Authority’s jurisdiction – decline to determine This headnote does not form part of the decision. Summary During an item on 5 o’clock with Jude Dobson broadcast on TV One on 4 July 2000, a guest promoted the use of Blackmore’s soy products as being healthy and offering relief against menopausal symptoms. A second 5 o’clock with Jude Dobson programme, broadcast on 6 July referred to a soy-based product. Richard James complained to Television New Zealand Ltd that the programmes were deceiving to viewers as they were actually a commercial promotion, and that it was inaccurate to claim that soy products had a palliative effect on menopausal symptoms....

Decisions
Van Helmond and TVWorks Ltd - 2009-146
2009-146

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

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
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Wilson Parking New Zealand Ltd and Television New Zealand Ltd - 2020-162 (21 December 2020)
2020-162

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...

Decisions
Hurley and Radio New Zealand Ltd - 2017-099 (9 March 2018)
2017-099

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....

Decisions
Parrysmith and TVWorks Ltd - 2011-148
2011-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Decisions
Price and Television New Zealand Ltd - 2007-093
2007-093

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....

Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029
1993-029

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042
1991-042

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...

Decisions
HC and CT and Television New Zealand Ltd - 2010-163
2010-163

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Decisions
McGlinn and Television New Zealand Ltd - 2011-108
2011-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on impact of the warm winter on New Zealand’s winter athletes and their training regimes – newsreader and reporter described Piera Hudson as “one of the world’s top junior skiers” and “one of the top junior female skiers in the world, [who] has recently been selected in the New Zealand Junior Winter Olympics squad” – included footage of Piera competing at Topolino ski games as voiceover stated, “Piera ended the European season well, seen here competing at the junior world champs in Italy in March where she came fourteenth in the slalom” – statements allegedly inaccurate FindingsStandard 5 (accuracy) – average viewer would have interpreted terms “junior” and “top” skier in accordance with their ordinary meaning – phrase “junior world champs” was used colloquially and not to denote formal title of event – item correctly stated that Piera had…...

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
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...

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