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SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about meeting of the five McCartney sisters with President Bush in Washington – women’s brother had been killed by IRA – item also showed President Bush meeting Irish Prime Minister – item later reported that the President declined to meet with Sinn Fein leader Gerry Adams – item failed to identify Irish Prime Minister – allegedly unbalanced and inaccurateFindings Standard 4 and Guideline 4a (balance) – no discussion of controversial issue of public importance – not upheld Standard 5 and Guideline 5a (accuracy) – Irish Prime Minister identified as such in the script – not inaccurate – not upheldThis headnote does not form part of the decision....

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Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....

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....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

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An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the Conservative Party Annual General Meeting, which was the subject of a police call-out because a former Board member attempted to attend the meeting and was issued a trespass notice. The Authority did not uphold a complaint alleging that the item lacked balance, was inaccurate and was unfair to the Conservative Party and its former leader Colin Craig. The item was a straightforward news report that was not unfair to the Conservative Party or Colin Craig, who as a public figure should expect to be subject to some criticism and scrutiny. The item did not discuss a controversial issue of public importance that required the presentation of other views and was not inaccurate....

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1991-029:Dewar and Television New Zealand Ltd - 1991-029 PDF476. 89 KB...

Summary [This summary does not form part of the decision. ]The host of current affairs programme Outspoken interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice. The Authority declined to determine the complaint that the broadcast breached standards because it did not mention alleged government corruption as one of the contributing factors to such injustice. Mr Golden has repeatedly referred similar complaints, which are based on his personal preferences and are matters of editorial discretion, not broadcasting standards. Declined to Determine: Accuracy, Fairness, Responsible ProgrammingIntroduction[1] During Outspoken, a half-hour current affairs programme, the host interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice....

Download a PDF of Decision No. 1993-046:Malley and Television New Zealand Ltd - 1993-046 PDF446. 44 KB...