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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-067 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK DONNELLY, on behalf of EDEN PARK NEIGHBOURS' ASSOCIATION of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The INCIS police contract cancellation by IBM was the subject of a talkback/voteline segment on Good Morning, broadcast on TV One between 10. 00am and 12. 00pm on 11 August 1999. Mr McLean complained to Television New Zealand Ltd, the broadcaster, that there had been a lack of balance in the treatment of the issue in both a trailer for Good Morning, and in the programme itself. TVNZ upheld part of the complaint. It acknowledged that the treatment of the issue on the programme was unbalanced because it had not included an alternative view to that of the presenter. It advised that it had reviewed Good Morning’s approach to political issues as a consequence. Mr McLean contended that TVNZ’s action in response to the upheld complaint was inadequate. In his view, TVNZ should have broadcast a statement about its standards breach....

Download a PDF of Decision No. 1991-024:New Zealand Aids Foundation and Radio New Zealand Ltd - 1991-024 PDF711. 93 KB...

Download a PDF of Decision No. 1991-058:Shepherd and Television New Zealand Ltd - 1991-058 PDF323. 74 KB...

Due to Ms Morris’ membership of the Waitangi Tribunal, and participation in the Tribunal’s Inquiry into the Crown’s Foreshore and Seabed Policy in March 2004, the complainant and the broadcaster were consulted prior to consideration of this complaint by the Authority. Both agreed Ms Morris did not have a conflict of interest. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – segment on the Foreshore and Seabed Bill entitled Your Shore, Our Shore – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – other perspectives acknowledged – wide media coverage of the issue – not upheld Standard 5 (accuracy) – misrepresentations of Court of Appeal decision and Foreshore and Seabed Bill – two aspects upheld Standard 6 (fairness) – subsumed under Standard 4Order Broadcast of statement This headnote does not form part of the decision....

ComplaintEdwards at Large – interview with complainant – host a media adviser to Prime Minister – programme funded by NZ On Air of which host’s wife was a board member – questions about these issues raised in Parliament by complainant – complainant alleged the item unbalanced and partial – broadcaster upheld complaint that programme was partial – written apology – complainant dissatisfied with both extent of complaint upheld and action taken FindingsStandard 4 – balanced debate – no uphold Action taken – letter included TVNZ’s Chief Executive’s explanation – sufficient – no uphold This headnote does not form part of the decision. Summary [1] Mr Hide MP was interviewed on Edwards at Large about some questions he had asked in Parliament concerning the funding of the programme and the linkages between the host, Dr Brian Edwards, his wife Judy Callingham, the Labour Party, and NZ On Air....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – headline summary on the respective National Party and Labour Party plans to provide financial assistance to New Zealanders who lost their jobs as a result of the economic crisis – allegedly unbalanced and inaccurate Findings Standard 5 (accuracy) – statement that Labour’s policy applied to anybody who lost their job was inaccurate – headline summary would have misled viewers – upheld Standard 4 (balance) – subsumed into consideration of accuracy No Order This headnote does not form part of the decision. Broadcast [1] During a round-up of the day’s top stories on One News, broadcast on TV One at 6....

ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting research that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were – allegedly unbalanced Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on 7 November 2006 at 6pm on TV3, reported that research carried out by the Christchurch School of Medicine had revealed that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were. The reporter said that the study had followed 500 males from birth to 25 years of age....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 143/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D A GOODER of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Insight – first of a three-part series on climate change – presenter said it was an attempt to balance the avalanche of reports that dominate the media – presented viewpoints of those who challenged the “perceived wisdom” that climate change was real and caused by humans – allegedly unbalanced Findings Principle 4 (balance) – programme clearly approached topic from a particular perspective – did not purport to be a balanced overview of the climate change debate – substantial amount of media coverage has been devoted to climate change – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Radio New Zealand National’s Insight programme reported that a United Nations organisation called the Intergovernmental Panel on Climate Change (IPCC) had released its latest report....

ComplaintDocumentary New Zealand – Mental Breakdown – three people suffering from serious mental illness – released into community – tragic results – documentary said to be unbalanced and inaccurate, and to have denigrated the mentally ill Findings Standard 4 – item’s focus on three cases where the mental health system had failed – balanced in view of narrow focus – not upheld Standard 5 – accurate in view of item’s focus – not upheld Standard 6 and Guideline 6g – no discrimination against or denigration of mentally ill in view of item’s focus – not upheldThis headnote does not form part of the decision Summary [1] Three cases involving people suffering from serious mental illness who were released into the community with tragic results were examined in a documentary broadcast on TV One. The programme Documentary New Zealand – Mental Breakdown was screened at 8....