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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-125 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DILIP RUPA of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummarySome customer complaints that Telecom had "hijacked" users of other telephone companies were investigated in an item on 3 National News, broadcast between 6. 00–7. 00pm on 1 December 1997. "Hijacking" involves diverting customers, without their permission, from other telephone companies to the "hijacker". The solicitors for Telecom New Zealand Ltd complained to TV3 Network Services Ltd, the broadcaster, that the item was unfair and unbalanced in both its preparation and presentation in alleging that Telecom was the only company involved in this activity, and that it was occurring on a substantial scale. A balanced item would have reported that unauthorised diversions were rare, and were undertaken by other companies as well, the complainant wrote. On the basis that the item accurately reported Telecom's claim that other companies signed up customers against their will, TV3 declined to uphold the first part of the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Tagata Pasifika – item about effects of climate change on Tuvalu – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika, broadcast on TV One at 7. 30am on Sunday 11 April 2010, investigated the situation on Tuvalu in the Pacific and its people’s experiences with the effects of climate change, primarily rising sea levels causing flooding. Near the beginning of the item, a reporter said: Tuvalu is one of the world’s lowest lying countries. Its highest point is four-and-a-half metres above sea level, making it one of the most vulnerable nations to be affected by climate change. . . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

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Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

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 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – items reported that the Ministry of Social Development had hired a “prominent drag queen to motivate staff” – reported that the National Party believed taxpayers’ money was being wasted – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – items implied MSD had hired a drag artist as a motivational speaker – MSD had really hired Edward Cowley as a professional facilitator – misleading and inaccurate – upheld Standard 6 (fairness) – unfair to MSD and to Mr Cowley – upheld Standard 4 (balance) – subsumed into Standards 5 and 6 Order Section 16(4) – payment of $2500 costs to the Crown This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – segment called “Good Sorts” profiled volunteer fireman – interviewee used the phrase “good bastard” twice – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – language used in complimentary way – not aggressive or abusive – contextual factors – not upheld Standard 9 (children’s interests) – One News was an unclassified news programme targeted at adults – contextual factors – not upheld Standard 8 (responsible programming) – One News was an unclassified news programme – standard not applicable – not upheld Standard 4 (controversial issues) – no discussion of a controversial issue – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report and RNZ News – items reported findings of Waitangi Tribunal report into WAI 262 claim – included interview with Don Brash and Paul Moon – reported Mr Brash’s opposition to the report’s recommendations – allegedly in breach of broadcasting standards FindingsStandard 4 (controversial issues) – Waitangi Tribunal’s findings on WAI 262 claim was a controversial issue of public importance – RNZ News bulletin did not amount to a “discussion” – Morning Report item amounted to a “discussion” and contained balancing perspectives – alternative viewpoints provided in other coverage within period of current interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Morning Report, broadcast on Radio New Zealand National at 8....

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Summary [This summary does not form part of the decision. ] An item on Seven Sharp featured the story of a terminally ill woman who is a long-standing voluntary euthanasia campaigner. The item also discussed the history of attempts to legalise voluntary euthanasia in New Zealand and overseas. The Authority upheld a complaint that the item lacked balance. The item did not solely approach voluntary euthanasia from the personal perspective of the interviewee. It included a wider discussion of the voluntary euthanasia debate and law reform that triggered the requirement for presentation of alternative views, which were not presented within the programme or within the period of current interest. Upheld: Controversial Issues No Order  Introduction [1] An item on Seven Sharp featured the story of a terminally ill woman who has been a voluntary euthanasia campaigner for the last two decades....

Summary[This summary does not form part of the decision. ]Seven items on Morning Report contained references to greenhouse gas emissions, specifically agricultural emissions and the outcomes of discussions at the United Nations Climate Change Conference in Paris (COP 21). The Authority did not uphold a complaint alleging it was inaccurate and unbalanced to state or infer that livestock emissions amount to half of New Zealand’s total emissions. The Authority found that references to the amount of livestock emissions in several of the items were not material points of fact to which the accuracy standard applied. In relation to the other items the Authority was satisfied that the broadcaster made reasonable efforts to ensure accuracy as it drew on a range of reputable sources and scientific evidence in support of the statements made....

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...