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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-003 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID AITCHISON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-079 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JENNY HALE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Chair Joanne Morris declared a possible conflict of interest and did not participate in the determination of this complaint. ComplaintFace to Face with Kim Hill – interview about seabed and foreshore issue with John McEnteer – complaint that item unbalanced and unfair FindingsStandard 4 – “devil's advocate” approach used – interviewee not intimidated – not unfair – not upheld Standard 6 – style enabled issues to be explored – not unbalanced – not upheldThis headnote does not form part of the Decision Summary [1] John McEnteer of the Hauraki Trust Board was interviewed about the seabed and foreshore controversy on Face to Face with Kim Hill at 9. 30pm on TV One on 9 October 2003. [2] Garry Hooker complained to Television New Zealand Ltd, the broadcaster, that the interview was unfair and unbalanced as Mr McEnteer was interrupted and had been subjected to aggressive and “Pakeha-biased” questioning....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

Download a PDF of Decision No. 1993-139:Harang and Television New Zealand Ltd - 1993-139 PDF295. 26 KB...

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 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. ]A promo for Paul Henry, broadcast during 3 News, featured a photo of an alleged terrorist and host Paul Henry joking about the type of dialogue that would occur between members of a terrorist group. The Authority did not uphold a complaint alleging that this promo was highly offensive ‘so soon after the Paris terrorist attacks’ and breached the controversial issues standard. The promo did not explicitly mention the Paris terrorist attacks, was apparently intended to be humorous (as the hosts were all shown laughing) and was consistent with expectations of the host programme. The promo also did not amount to a discussion of a controversial issue which triggered the requirement to provide balance. Not Upheld: Good Taste and Decency, Controversial IssuesIntroduction[1] A promo for Paul Henry, broadcast during 3 News, showed a photo of an apparent terrorist....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Election 2005 and Close Up – debates between Prime Minister and Leader of the Opposition, and Labour and National parties’ finance spokespersons, prior to the 2005 General Election – allegedly unbalancedFindingsStandard 4 (balance) – complaint a matter of viewer preferences – no issue of broadcasting standards arose – decline to determineThis headnote does not form part of the decision Broadcast [1] TVNZ broadcast two political programmes on TV One prior to the 2005 general election. The first was Election 2005, a live studio debate featuring the Prime Minister Rt Hon Helen Clark and National Party leader Dr Don Brash, screened on 22 August 2005. [2] The second was Close Up, which involved a studio discussion without an audience between Labour’s finance spokesperson, the Hon Dr Michael Cullen, and National’s finance spokesperson John Key, broadcast on 23 August 2005....

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....

ComplaintIn Touch with New Zealand – interview with Dr Cabot about her book "Hormone Replacement Therapy: The Real Truth" – reference to phytoestrogens – commercial interests not acknowledged – unbalanced – inaccurate FindingsPrinciple 4 – other views acknowledged – no uphold Principle 6 – not news or current affairs programme - opinions advanced – not fact – no uphold This headnote does not form part of the decision. Summary [1] Dr Sandra Cabot, the author of the book "Hormone Replacement Therapy: The Real Truth", was interviewed on In Touch With New Zealand at about 3. 30pm on 7 May 2003. She advanced the case for natural hormones applied in the form of a cream rather than synthetic hormones in tablet form. In Touch With New Zealand is a magazine-style programme with thematic music broadcast on National Radio each weekday between 2. 00–5. 00pm....

Summary [This summary does not form part of the decision. ]A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

Download a PDF of Decision No. 1992-015:New Zealand Police and TV3 Network Services Ltd - 1992-015 PDF2. 1 MB...

Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...

Download a PDF of Decision No. 1993-091:Sharp and Television New Zealand Ltd - 1993-091 PDF374. 61 KB...