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Decisions
Worthington and Television New Zealand Ltd - 2001-011
2001-011

ComplaintHolmes – air accident – advice for travellers to dress as for a bonfire – offensive – sensational – distasteful FindingsStandard G14 – not applicable Standard G16 – perhaps flippant comments but would not cause alarm Standard G20 – not relevant This headnote does not form part of the decision. Summary An item on Holmes, broadcast on TV One on 3 November 2000 beginning at 7. 00pm, gave advice to travellers about how to improve their chances of surviving an aircraft disaster. The item followed an aircraft accident in Taipei. R P Worthington complained to Television New Zealand Ltd, the broadcaster, that the subject matter had been handled in a distasteful manner, and was inflammatory and biased. In the complainant’s view, the way in which the item had been written was particularly offensive....

Decisions
Milnes and The Radio Network Ltd - 2010-171
2010-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

Decisions
Baxter and Radio New Zealand Ltd - 2004-125
2004-125

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

Decisions
Blackaby and Television New Zealand Ltd - 2003-048
2003-048

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

Decisions
Mason and TVWorks Ltd - 2011-058
2011-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Decisions
Golden and Radio New Zealand Ltd - 2016-005 (12 May 2016)
2016-005

Summary[This summary does not form part of the decision. ]The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. The Authority declined to determine a complaint alleging that the choice of speaker was ‘improper’ because she was ‘very corrupt’, on the basis that it was vexatious. The complainant continues to refer complaints of a similar nature to the Authority which do not warrant determination. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. [2] Allan Golden complained that the ‘adulation’ of the speaker contained in the programme was ‘improper’ because she was ‘very corrupt’. He alleged this breached the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

Decisions
Golden and Television New Zealand Ltd - 1995-109
1995-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 109/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
McLean and Television New Zealand Ltd - 1998-001
1998-001

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-001 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN McLEAN of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Credo Society Inc and Access Community Radio Inc - 1994-087
1994-087

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INCORPORATED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Radisich and Television New Zealand Ltd - 1999-002
1999-002

Summary A car buyer, disappointed with his purchase from a car dealer, was the subject of an item on Fair Go broadcast on TV One on 9 September 1998. It was reported that the vehicle he had agreed to purchase had been involved in a serious accident in France, and that the rebuilt vehicle did not meet New Zealand safety standards. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that he and his company were unfairly treated on the programme and that it lacked balance. In particular, he complained that the programme’s implication that it had been agreed that the vehicle would meet original specifications was a gross misrepresentation of the facts. He also complained about the fact that he was identified as being the person responsible for the sale, when he had merely facilitated a negotiation....

Decisions
Turley and Television New Zealand Ltd - 2009-037
2009-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
Grieve and TVWorks Ltd - 2008-008
2008-008

Complaint under section 8(1B)(b)(i)3 News – item about the release of the United Nations’ fourth report on climate change immediately preceded item about glacial decline in New Zealand – introduction to second item began “the UN report seems to back up what’s happening here” – images of ice melting and falling into water – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – was a factual report rather than a discussion – not upheldStandard 5 (accuracy) – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Broadcast[1] UN Report on climate change During 3 News on 18 November 2007, an item was broadcast at approximately 6. 15pm about the release of the fourth report by the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which, according to the presenter, asserted that “there is no doubt global warming is man-made”....

Decisions
Continental Car Services Ltd and Pitt and Television New Zealand Ltd - 2005-081
2005-081

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

Decisions
Armstrong and Schaab and Television New Zealand Ltd - 2003-062–065
2003-062–065

ComplaintSunday – euthanasia – interview with Lesley Martin charged with murder of terminally ill mother – some other views advanced – unbalanced ComplaintHolmes – euthanasia – interview with Lesley Martin – no other views advanced – unbalanced FindingsSunday – Standard 4 and Guidelines 4a and 4b – item not a debate about euthanasia and included range of personal stories – not unbalanced – no uphold FindingsHolmes – Standard 4 and Guidelines 4a and 4b – item involved interview with current newsmaker – her views about euthanasia balanced by other items during period of current interest – no uphold This headnote does not form part of the decision. Summary – Sunday [1] Euthanasia was the subject of an item on Sunday broadcast on TV One at 7. 30pm on 9 March 2003....

Decisions
Hide and Television New Zealand Ltd - 2003-170, 2003-171
2003-170–171

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....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Lubbock and Television New Zealand Ltd - 2007-019
2007-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on National Party leader John Key's "state of the nation" speech – included responses from community groups and the Prime Minister – allegedly unbalanced FindingsStandard 4 (balance) – reasonable efforts made to present significant viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News , broadcast on TV One at 6pm on 30 January 2007, reported on the "state of the nation" speech by National Party leader, John Key. It showed parts of Mr Key's speech and also contained a short excerpt from a speech by the Prime Minister, Helen Clark, in which she disputed Mr Key's assertion that there was a "growing underclass" in New Zealand. [2] The One News political editor commented that Mr Key's speech had not contained "a lot of real concrete solutions"....

Decisions
Shenken and The Radio Network Ltd - 2004-071
2004-071

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

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