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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 3/94 Dated the 17th day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DARA WALSH of Hobsonville Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-013 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS 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: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item 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 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – 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 Close Up, broadcast at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Māori Television – news programme Te Kaea – complainant stated that he appeared on programme – programme allegedly unbalanced as not in English – allegedly in breach of law and order standard as complainant denied right to speak in English on programme. FindingsComplaint does not raise any issues of broadcasting standards – decline to determine under s. 11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] Te Kaea is Māori Television’s nightly news programme, broadcast at 8:30p. m. Complaint [2] Peter Wakeman complained to Māori Television, the broadcaster, that Te Kaea, broadcast on 8 July 2004, breached Standard 4 (balance) and Standard 2 (law and order) of the Free-to-Air Television Code of Broadcasting Practice. Mr Wakeman complained that as Māori Television does not broadcast news in English, Te Kaea was unbalanced....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

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 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(1B)(b)(i) of the Broadcasting Act 1989RNZ News – item reported on French and Greek elections – it was reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures” – use of the word “harsh” allegedly in breach of controversial issues, accuracy and fairness standards FindingsJurisdictional matter – on balance, complainant was entitled to refer his complaint on the basis he did not receive the broadcaster’s decision – Authority has jurisdiction to accept complaint Standard 4 (controversial issues) – use of the word “harsh” did not require the presentation of alternative viewpoints – not upheld Standard 5 (accuracy) – use of the word “harsh” was not a material point of fact and would not have misled viewers – “harsh” not pejorative in this context but intended to mean strict or stringent – not upheld This headnote does not form part of…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – item reported that Plunketline telephone service to be replaced by broader Healthline service – Minister of Health questioned on whether her support for Healthline was consistent with election pledge in 1999 to support Plunketline – allegedly unbalanced and interview edited unfairly Findings Standard 4 (balance) – item omitted Minister’s explanation for the change of her political point of view – unbalanced – upheld Standard 6 (fairness) – item omitted Minister’s comment on central issue – unfair – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The replacement of Plunketline, a telephone service for caregivers, with a broader Healthline telephone service was dealt with in an item broadcast on One News beginning at 6. 00pm on TV One on 7 July 2004....

ComplaintRadio Waatea – Liberation Talkback – unbalanced – contained unsubstantiated allegations – anti-Pakeha comments – promoted racial discord FindingsPrinciple 4 – reasonable opportunities to present views – no evidence of lack of balance – no uphold Principle 7 Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Liberation Talkback is a talkback programme broadcast weekly on Radio Waatea. Liberation Talkback was broadcast on Radio Waatea between 8. 00pm and 11. 00pm on 18 November 2002. [2] Colin Ellis complained to Radio Waatea, a radio station broadcast by UMA Broadcasting Ltd, the broadcaster, that the item was unbalanced, "anti-Pakeha", contained unsubstantiated allegations and promoted racial discord. [3] When the broadcaster failed to respond to his formal complaint, Mr Ellis referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Summary The referendum proposition to decrease the number of MPs from 120 to 99 was the subject of debate on Crossfire broadcast on TV One on 7 October 1999 beginning at 9. 30pm. The matter was discussed by Act’s leader Richard Prebble MP in support of the proposal, and Labour MP Steve Maharey, who opposed it. Keith Flint complained to Television New Zealand Ltd, the broadcaster, that as the referendum had been initiated by a private citizen, the absence of a representative of the public to debate the matter resulted in the programme lacking balance and objectivity. In its response, TVNZ emphasised that the question being debated was whether a reduction in the number of MPs would result in better government and, in that context, it was entirely appropriate that it should be debated by one MP who supported the cut in numbers, and one who did not....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – item about security camera outside apartment in Auckland – owners concerned that camera would capture images inside their home – item said the Police had assured them that camera was broken, and once fixed any images would be pixellated – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (accuracy) – one statement misleading – upheld Standard 6 (fairness) – item dealt justly and fairly with the Police – not upheldNo Order This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 30 November 2005, an item was broadcast on 3 News about a security camera positioned outside the apartment of an Auckland couple....

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....

ComplaintOne News – item reporting preliminary hearing of private prosecution of Constable A for murder – report of evidence of prosecution witness – unbalanced – biased – broadcaster’s response to complainant assumed his sympathy for Constable A – complainant argues that assumption influenced determination FindingsStandard 4 – coverage of trial ongoing – day’s coverage balanced – no uphold Standard 6 and guideline 6a – one day’s evidence reported fairly – no uphold This headnote does not form part of the decision. Summary [1] The evidence given by a prosecution witness about events he had seen in Waitara on the morning of the shooting of Steven Wallace was dealt with in a news item which reported the second day of the private murder prosecution of Constable A. The item was included on One News broadcast on TV One on 22 January 2002 between 6. 00–7. 00pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....