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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-073 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILIP DUNLOP of Pokeno Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

SummaryThe proposed regulation of electricity lines companies was the subject of a news item screened between 6. 00–7. 00pm on 13 July 1999 on 3 News. After an analysis of both the government and opposition viewpoints, the reporter concluded that the government’s attempt to stop power price hikes was proving unsuccessful. On 6 August a 3 News report focused on tax policies. The political editor stated that the Treasurer had trivialised the issues and got his figures wrong when he had briefed the press. She reported that the Deputy Leader of the Opposition had "demolished" the Treasurer’s figures. The weekly political round-up during 3 News on 13 August 1999 dealt with the defence and management seminar, INCIS, National’s 5-step plan linking education, business and research, and Labour’s standing in the polls....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Sunday – previewed item on disputed territory of East Jerusalem – presenter stated, “Sunday travels to Israel to bring you Jew against Arab from a truly unique perspective” – allegedly in breach of controversial issues, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – phrase was a fair summary of the situation featured in the programme – both sides were represented in the promo – did not reach threshold for encouraging discrimination or denigration – not upheld Standard 6 (fairness) – standard applies to individuals not groups – not upheld Standard 4 (controversial issues) – promo did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the current affairs programme Sunday was broadcast between 1....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

BROADCASTING STANDARDS AUTHORITY Decision No: 1997-070 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR B BALACHANDRAN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

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...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a family (the Alexanders) who, in order to purchase a home, became involved in a family trust with the assistance of Miles McKelvy and Arden Fatu – $316,000 borrowed from Westpac to buy four properties – repayments in arrears – total debt grew to $331,000 – property deals and financing arrangements fell through – Alexanders approached Fair Go – Alexanders later sought to withdraw complaint – Fair Go declined – Dermot Nottingham named in item as advocate for Mr McKelvy and Mr Fatu – item urged people involved in complicated property deals to get independent legal advice – item allegedly unbalanced, unfair and inaccurateFindingsStandard 4 (balance) and Guidelines 4a and 4b – not unbalanced – not upheld Standard 5 (accuracy) and Guidelines 5a, 5b, 5c, 5d and 5e – insufficient information to determine inaccuracies complained of –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

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....

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....