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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-180 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TREVOR DUSTAN of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

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....

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....

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....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Summary [This summary does not form part of the decision. ] An item on Campbell Live featured an interview with a voluntary euthanasia advocate. The Authority did not uphold a complaint that the item was unbalanced as it failed present other significant views on euthanasia. The item was clearly focused on one woman’s personal experience, so viewers would not have expected an even-handed analysis of all arguments for and against legalising euthanasia. Euthanasia is recognised as an ongoing, highly charged social and legal issue, and different viewpoints in the debate will be offered from time to time. In this context the broadcaster adequately acknowledged the existence of other perspectives. Not Upheld: Controversial Issues Introduction [1] An item on Campbell Live featured an interview with a voluntary euthanasia advocate....

Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...

Download a PDF of Decision No. 1993-083:Jones and Television New Zealand Ltd - 1993-083 PDF2. 47 MB...

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Summary[This summary does not form part of the decision. ]During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either’. The Authority declined to uphold a complaint that this comment was ‘nasty’ and ‘spiteful’. It is common for sports reporting to refer to the long-standing trans-Tasman rivalry and most viewers would not have been offended in this context. Not Upheld: Good Taste and Decency, Controversial Issues, Responsible ProgrammingIntroduction[1] During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either. The two teams will play off for third place on Sunday and if the Kiwis can beat them, they’ll qualify for the Rio Olympics’....

Download a PDF of Decision No. 1991-021:New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021 PDF916. 23 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-056 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G P COSTELLO of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintOutspoken – foreshore and seabed issue – complaint that the panel of four represented radical Maori viewpoint and item partial and unbalanced FindingsPrinciple 4 – introduction set framework – those matters canvassed during broadcast – not upheld This headnote does not form part of the decision Summary [1] The foreshore and seabed issue was addressed by a panel of four speakers during Outspoken, broadcast on National Radio between 8. 00 and 9. 00 pm on 11 November 2003. [2] Gregory Wicksteed complained to Radio New Zealand Ltd, the broadcaster, that the item was neither impartial nor balanced. The four panellists and the two presenters, he wrote, represented only the Maori radical movement. No allowance, he added, was made for the alternative viewpoint held by the majority of New Zealanders. [3] In response, RNZ said that the standards provided for balance being achieved over time....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Complaint60 Minutes – allegation of bullying in RNZ Navy’s gunnery section – sensational – unfair – unbalancedFindingsStandard G4 – Navy spokesperson responded to detailed allegations – no uphold Standard G6 – full opportunity for Navy to respond – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes, entitled "Breaking Ranks", told the story of one former naval rating who spoke of brutal assaults in the Royal New Zealand Navy (RNZN) gunnery section. Because he had broken the code of silence by accusing instructors of assault, the item reported that he had been forced to leave the Navy. Pauline McIntosh complained to Television New Zealand Ltd, the broadcaster, that the broadcast was based on unsubstantiated evidence and lacked balance....