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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-134 Dated the 11 day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND LABOUR PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview with member of United Kingdom National Commission into Islam – presenter referred to young Muslims being recruited by terrorist groups – allegedly inaccurate and denigratory of Muslims Findings Principle 6 (Accuracy) – item accurate – not upheld Principle 7 (Fairness – denigration) – item not denigratory of Muslims – comment by presenter did not refer to Muslims generally – comment was accurate – words used were in context of serious comment about United Kingdom police policy towards Muslims – not upheld This headnote does not form part of the decision. Broadcast [1] In Nine to Noon, broadcast on National Radio on the morning of 9 June 2004, presenter Linda Clark interviewed Robin Richardson, a member of the United Kingdom’s National Commission into Islam....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-178 Decision No: 1996-179 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RCD APPLICANT GROUP of Dunedin and OTAGO REGIONAL COUNCIL Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host interviewed director of the Middle East Forum about his concerns with the growing Muslim population in Europe – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards FindingsStandard 4 (controversial issues – viewpoints) – item focused on interviewee’s views – no discussion of a controversial issue of public importance – not upheld Standard 7 (discrimination and denigration) – comments conveyed interviewee’s personal opinion – no discrimination or denigration – not upheld Standard 5 (accuracy) – complainant did not specify any alleged inaccuracies or provide any evidence of inaccuracy – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – interview would not have alarmed or…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Complaint20/20 – statement broadcast about a complaint upheld by the Authority – inaccurate – misleading – unfair FindingsStandard 5 – statement broadcast accurate – no uphold Standard 6 – not unfair – complainant did not take part nor referred to – no uphold This headnote does not form part of the decision. Summary [1] TV3 was ordered to broadcast a statement about a complaint that had been upheld by the Broadcasting Standards Authority. The statement was broadcast on TV3 at the end of a 20/20 programme at approximately 8. 30pm on 30 March 2003. [2] Mark Scott complained to TV3 Network Services Ltd, the broadcaster, that the statement broadcast was inaccurate, misleading and unfair. As the producer of the item to which the statement related, he argued that the statement was incorrect because he had evidence to the contrary....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about arming police officers referred to police “force” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – complainant received adequate response from the broadcaster – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 5 April 2011, reported on the issue of whether police officers should carry guns. The item contained two references by the reporter to the police “force”. The reporter said, “The most explosive issue facing our force: should every cop have a gun on their hip? ” and that the new Police Commissioner would “like to see more women in the police force”....

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Summary[This summary does not form part of the decision. ]During Breakfast, host Hayley Holt had a conversation with the 1 News US Correspondent about recent school protests in America seeking gun reform. The Authority did not uphold a complaint that Ms Holt’s statement that ‘[w]e, I – here in New Zealand, we think they should ban all guns of course’ was unbalanced and likely to mislead viewers. The Authority found that Ms Holt’s statement was one of generalised opinion and analysis, not a statement of fact. The Authority also noted that this segment solely focused on gun control issues in the USA, not New Zealand, and in this context Ms Holt’s brief comment did not trigger the requirements of the balance standard. Not Upheld: Accuracy, BalanceIntroduction[1] During Breakfast, host Hayley Holt had a conversation with the 1 News US Correspondent about recent school protests in America seeking gun reform....

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Summary [This summary does not form part of the decision. ]A promo for Seven Sharp showed a Pit Bull owner describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. The Authority did not uphold a complaint that it was misleading to promote Pit Bulls as 'good family dogs'. The comments were clearly distinguishable as opinion, so the accuracy standard did not apply. Not Upheld: AccuracyIntroduction[1] A promo for Seven Sharp included a story on Pit Bull adoption. A Pit Bull owner was shown describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. [2] Louise Chaney complained that it was misleading to promote Pit Bulls as 'good family dogs' as they can be dangerous and have been known to attack children. [3] The issue is whether the broadcast breached the accuracy standard, as set out in the Free-to-Air Television Code of Broadcasting Practice....