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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-003 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TONY SIMPSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Download a PDF of Decision No. 1992-016:Cooper and TV3 Network Services Ltd - 1992-016 PDF454. 76 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY JOHNSTON of Christchurch Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-144 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Porirua Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19891XX News – news item contained summary of Broadcasting Standards Authority decision declining to uphold a complaint made by Darryl Dawson, the complainant – summary of Authority’s decision allegedly inaccurate and unbalancedFindingsStandard 5 (accuracy) – item gave a fair summary of Authority’s findings – complaint primarily aimed at Authority’s findings and not at broadcast – item not inaccurate or misleading – not upheld Standard 4 (controversial issues) – brief news report did not amount to a discussion and Authority’s decision was not a controversial issue – not upheld This headnote does not form part of the decision. Introduction [1] 1XX News reported on a Broadcasting Standards Authority decision which declined to uphold a complaint made by Darryl Dawson about a previous item on 1XX News....

INTERLOCUTORY DECISION SummaryThe case of a social worker convicted of child abuse offences whose name had beensuppressed was examined in an item on Channel 2's 60 Minutes broadcast between7. 30–8. 30pm on Sunday 4 September. One aspect of the story was that his pastbehaviour had worried some of his fellow social workers who had drawn theirconcerns to the attention of the supervisory staff. Before the broadcast, Mrs MacKenzie, Chief Social Worker for the AucklandHospital Board from 1982–1991, declined by telephone to comment to 60 Minuteson personnel matters. She was subsequently approached by 60 Minutes' reporter anda crew – with cameras rolling – outside her home when leaving for work one morning. She again declined to comment and went inside. She complained to Television NewZealand Ltd, the broadcaster, that the incident had breached a number of broadcastingstandards and in addition that it had breached her privacy....