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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-154 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-028 Decision No: 1998-029 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GREEN SOCIETY Broadcaster RADIO NEW ZEALAND LIMITED S R Maling (Chairperson) L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 81/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – host repeatedly referred to the Catholic Church as “the church of paedophilia” and commented that “the church is rife with paedophilia among its priests” – allegedly in breach of good taste and decency, balance, fairness and accuracy Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 4 (balance) – broadcast did not discuss a controversial issues of public importance – not upheld Principle 5 (fairness) – the church’s representative was given a sufficient opportunity to rebut the comments made by the host – not upheld Principle 6 (accuracy) – host did not make any unqualified statements of fact – the accuracy standard did not apply – not upheld  This headnote does not form part of the decision....

SummaryThe Human Body, episode one of an eight part series, was broadcast on TV One at 8. 30pm on Monday 28 September 1998. The next seven parts were broadcast at the same time on consecutive Monday evenings. The series, presented by Professor Robert Winston, showed viewers what happened to the human body from conception to death. Part One comprised an overview of the full series. Mr Walker complained to Television New Zealand Ltd, the broadcaster, that as the series assumed that the human body was the product of evolution, it was unbalanced and misleading. He argued that the programme omitted the belief that all life was the product of creation by God. Mr Fox complained that the series was biased, as it did not acknowledge that evolution was a controversial issue. Many people, including many scientists, he said, accepted a worldview based on the veracity of the Bible....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – subtitled version – item on 90th birthday of Northland kaumatua – celebrations held in RSA – subtitles allegedly said that celebrations could not be held on marae because construction of local marae unable to proceed due to objections of local Pakeha – allegedly unbalanced and inaccurateFindingsSubtitled version of programme not retained by TVNZ – Authority had no evidence to establish what was said in subtitles – unable to determine despite procedural unfairness to complainant – declined to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989 ObservationComplaint originally only about subtitled version – Māori-language version referred to “Pakeha rednecks” – “rednecks” concern only brought to complainant’s attention in TVNZ’s response to her original complaint – Authority has no jurisdiction to determine concerns about Maori-language version as issue not raised in original complaintThis headnote does not form part…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Winston Peters and NZ First had been cleared by the Electoral Commission following allegations they had failed to declare donations – also reported that ACT Leader Rodney Hide had been found by the Commission to have broken the electoral rules by failing to declare rent-free office space – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item reported Electoral Commission’s findings – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – previous media coverage meant most viewers would have known about the $80,000 donation – broadcaster entitled to make editorial decision to focus on that aspect of the Commission’s decision – contrast between decisions about NZ First and ACT was overstated but Rodney Hide’s comments adequately explained the situation – not upheld This headnote does not form part of the decision.…...

SummaryAn item on Holmes, broadcast on TV One on 1 October 1998 between 7. 00-7. 30 pm, examined the Hikoi of Hope. It featured a representative from the Anglican Church and a critic of the hikoi, each being interviewed by the presenter. Ms Larkin complained to Television New Zealand Limited, the broadcaster, that the presenter’s introduction to the item was insulting, and contained derogatory descriptions, such as "the Hiccup of Hypocrisy". The presenter’s statements made it clear, she said, that the item would not be presented in a fair and neutral manner. TVNZ responded that while the Hikoi of Hope was a serious attempt to draw attention to the reality of poverty in New Zealand, the Anglican Church’s sponsorship of it had been controversial....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-027 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE GIBSON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary[This summary does not form part of the decision. ] Saturday Morning featured an interview with a filmmaker about his recent documentary Going Clear about the Church of Scientology. The Authority did not uphold a complaint that the interview was unbalanced, unfair and biased against the Church. The focus of the interview was the filmmaker's perspective and his experience making the film; it did not discuss a controversial issue of public importance which required a balancing viewpoint to be presented. The nature of the programme was such that the broadcaster was not required in the interests of fairness to inform the Church prior to broadcast or invite its comment in response....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

ComplaintCheckpoint – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsPrinciple 4 – MP given right to reply to criticism – no uphold Principle 5 – MP not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item broadcast on Checkpoint on National Radio at 5. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-062 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD MOONEN of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on vandalism at Horowhenua Rowing Club – included footage of the complainant verbally abusing a kayaker, and interview with complainant – allegedly in breach of broadcasting standardsFindingsStandard 6 (fairness) – item suggested that the complainant may have been responsible for the vandalism – however, the complainant was provided with a fair and reasonable opportunity to rebut that suggestion and the reporter made it clear that no one had been charged for the vandalism – the complainant explained his behaviour as depicted in the footage – use of the term “uncle” to link the complainant and a young rower would not have changed viewers’ impression of the complainant or the situation – reference to assault conviction was correct at the time of broadcast – overall, complainant treated fairly – not upheldStandard 5 (accuracy) – use of the term “uncle”…...