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Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
Bennachie and TVWorks Ltd - 2008-094
2008-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Decisions
The Alliance and Radio New Zealand Ltd - 1997-190
1997-190

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-190 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MEDIA DIRECTOR - THE ALLIANCE (JOHN PAGANI) Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
James and Radio New Zealand Ltd - 2004-080
2004-080

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Decisions
James and Television New Zealand Ltd - 1999-049
1999-049

SummaryAn item on the programme 5. 30 with Jude, broadcast on TV One on 7 October 1998, featured a representative from a health products company discussing soy products, phytoestrogens, and commercial products containing them, with the presenter. Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were unbalanced, and did not mention the risks of soy or phytoestrogen ingestion. The item confused soy food used as part of a varied diet with a component (phytoestrogen) extracted from it, she wrote. TVNZ responded that its research revealed many articles and symposia disclosing the beneficial effects of soy foods. Noting that soy products were freely available in New Zealand, and that there was no widespread concern about their sale, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mrs James referred her complaint to the Broadcasting Standards Authority under s....

Decisions
New Zealand Fire Service and MediaWorks TV Ltd - 2016-017 (18 November 2016)
2016-017

Summary[This summary does not form part of the decision. ]An episode of 3D investigated alleged bullying within the New Zealand Fire Service, particularly within volunteer brigades. The episode relied in part on testimony from particular individuals who alleged they had been victims of bullying, and in part on a report, which purported to identify bullying as a significant problem within NZFS. NZFS challenged the credibility of the report and argued that the programme breached the accuracy, fairness and balance standards. The Authority did not uphold the complaint. It found that the programme clearly stated there were questions about the status of the report – which in any event only formed part of the basis of the story – so viewers would not have been misled....

Decisions
Hastings District Council and TVWorks Ltd - 2009-088
2009-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

Decisions
Saxe and Television New Zealand Ltd - 2009-165
2009-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

Decisions
Lewes and Television New Zealand Ltd - 2008-085
2008-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Decisions
Keesing and The Radio Network Ltd - 2009-006
2009-006

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported that Nicholas Keesing undertook an election smear campaign “to get revenge” – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld complaint under Standards 5 and 6 – action taken allegedly insufficient Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) and Standard 6 (fairness) – broadcaster upheld complaint under two standards and offered corrective statement – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A news item broadcast on Newstalk ZB at 12pm on 23 November 2008 reported that “Newstalk ZB can now reveal what lies at the bottom of a smear campaign, in one of the country’s key electorates during the Election....

Decisions
Picken and Marchioni and Television New Zealand Ltd - 2004-051, 2041-052
2004-051–052

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

Decisions
Greek Orthodox Community of Wellington and Suburbs Inc and Radio New Zealand Ltd - 1999-001
1999-001

Summary In an item concerning the plight of ethnic Albanian refugees it was reported, in a broadcast on National Radio on 17 September 1998 at 6. 12pm, that they had been prevented by the Serbian army from returning to Albania and were unwelcome in Macedonia to the south. The secretary for the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd that it was inaccurate, and in direct contravention of a UN resolution, to describe the Former Yugoslav Republic of Macedonia simply as Macedonia. It also complained that RNZ had failed to show balance, impartiality and fairness in its presentation of the item. In its response, RNZ pointed out that controversy still existed over the name of the country and it contended that no inaccurate understanding had been conveyed....

Decisions
Martin and CanWest TVWorks Ltd - 2005-091
2005-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

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
Ministry of Health and New Zealand Medical Association and Television New Zealand Ltd - 2000-145, 2000-146
2000-145–146

ComplaintHolmes – research findings on third generation contraceptive pill – danger to women of blood clotting – presenter told users to throw their pills away – inaccurate – unbalanced – caused unnecessary panic, alarm FindingsStandard G1 – no inaccuracy – no upholdStandard G6 – key issues isolated – opportunity for response given – majority no upholdStandard G16 – health message presented – focus on individual stories – style of programme – no uphold This headnote does not form part of the decision. Summary The release of research findings detailing the risks to women of taking the third generation contraceptive pill was the topic of a Holmes item broadcast on 16 June between 7. 00-7. 30pm. The presenter suggested that those who were taking several named varieties of the pills should throw them out....

Decisions
McBride and Television New Zealand Ltd - 1995-156
1995-156

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Lowe and Television New Zealand Ltd - 1999-074
1999-074

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

Decisions
Frank and Television New Zealand Ltd - 1995-001
1995-001

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DENNIS FRANK of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Brooke and Radio New Zealand Ltd - 1995-092
1995-092

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 92/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AGNES-MARY J BROOKE of Nelson Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Dyson, Gourley and DPA (NZ) Inc and Radio New Zealand Ltd - 2007-077
2007-077

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

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