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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-096 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SYLVIA GATES of Ashburton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-006 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by N E ARCHER of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintNews bulletins on stations broadcast in the Southland area. Omission of broadcasting local news about Jeff Wilson – omission to broadcast local news items – inadequate coverage of local news – Principle 6, guideline (d) cited FindingsPrinciple 6 – complaint about omission to broadcast – decline to determine – editorial judgment Cross-reference2000-068, 2000-070–071 This headnote does not form part of the decision. Summary Brent Procter complained that local news bulletins on 22 May and 23 May 2000 on stations broadcast in the Southland area by The Radio Network Ltd (TRN) had failed to cover adequately the announcement that Jeff Wilson had decided to stand down from rugby. He considered that the matter was of "overwhelming local importance", and that by "ignoring the most obvious local aspects of the Wilson story", the integrity of news and current affairs had not been maintained....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Ms Loates declared a conflict of interest and did not participate in the determination of this complaint. Complaint 20/20 – documentary – mental health outpatient– inaccuracies – lacked balance – discrimination against mental health patients – verbal agreement about interview content Findings(1) Standard G1 – inaccuracies not proven – no uphold (2) Standard G6 – balance provided where required through interview with mental health provider – no further imbalance proven – mentally ill not portrayed as inferior – no uphold This headnote does not form part of the decision. Summary An item on 20/20 called "Flatmate Wanted" was broadcast on TV3 on 12 September 1999, from 7. 30pm. The item concerned the deaths of Lachlan Jones and Malcolm Beggs and was critical of the mental health system, which it implicated in the deaths....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

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 Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Download a PDF of Decision No. 1993-061:Department of Social Welfare and Television New Zealand Ltd - 1993-061 PDF521. 05 KB...

Download a PDF of Decision No. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...

Summary[This summary does not form part of the decision. ]Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff. This programme featured Popoff and his wife preaching and allegedly healing audience members, as well as testimonies from various attendees about miracles and financial rewards received from God after they bought Popoff’s ‘Miracle Spring Water’. The Authority did not uphold a complaint that the programme was ‘fraudulent’, as it took advantage of viewers who may be misled by the programme into losing money. The Authority acknowledged the complainant’s genuine and well intentioned concerns. However, it found that the accuracy standard did not apply to religious programming, such as Peter Popoff’s Ministries, and programme selection and scheduling decisions fell to the responsible broadcaster to determine. Not Upheld: Accuracy Introduction[1] Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff....

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

The Authority has not upheld a complaint about an episode of The Project in which Jesse Mulligan presented his view on whether New Zealand should ‘be more like Sweden’ in responding to COVID-19. Mr Mulligan stated ‘[Sweden's] number of COVID cases is actually going up, the virus is not under control and although their deaths are down, they're seeing more infections every day’. Mr Mulligan’s statement was not materially inaccurate and was unlikely to mislead viewers in the context, including given the wealth of other coverage and commentary available. The potential harm did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

A news item on the centenary celebrations of the Chinese Communist Party reported that as part of President Xi Jinping’s speech he said ‘anyone opposing China will have their heads bashed against a great wall of steel’. The complainant alleged this was inaccurate and unbalanced, mainly because TVNZ had cut off the full quote, which clarifies the ‘great wall of steel’ is forged by ‘1. 4 billion Chinese people’ and therefore conveys a more metaphorical meaning. The Authority found the item did not breach the accuracy standard on the basis that the broadcast was not likely to mislead viewers as a result of omitting part of President Xi’s sentence, and it was not inaccurate for TVNZ to use the more literal translation of ‘heads bashed’ over ‘collide’ in its translation....

The Authority has not upheld a complaint under the accuracy and balance standards about an item discussing the impact of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) on medical research, particularly in the context of COVID-19 vaccines. The item contained opinions from three scientists, which were not subject to the factual accuracy requirement and were presented accurately. The item was not required to include detail about how the HSNO Act regulated outdoor use of genetic modification compared to medical or laboratory use, as this was not material to the broadcast. The item also contained differing views, so balance was achieved within the programme. Not Upheld: Accuracy, Balance...

Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....