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Complaint under section 8(1)(a) of the Broadcasting Act 1989Exposé: Prostitution – After the Act – documentary looking at the effect of the Prostitution Reform Act on the sex industry – allegedly in breach of law and order, balance and accuracyFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to illegal acts – not upheld Standard 4 (balance) – item provided a range of views on the controversial issue – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Exposé: Prostitution – After the Act was a documentary broadcast on TV One at 8. 30pm on 29 September 2005. The programme examined the way in which the Prostitution Reform Act (PRA) had affected the sex industry in New Zealand. The introduction stated: In June 2003, prostitution was decriminalised....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

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…...

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on police corruption – presenter interviewed Police Association President, former police officer and a defence lawyer – allegedly unbalanced FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – interviewees given sufficient opportunity to comment on the issue and present their perspectives – broadcaster made reasonable efforts to present significant viewpoints on the topic – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Tuesday 19 October 2010, reported on allegations of police corruption in an historical murder case. The presenter conducted a live studio interview with a former police officer who had been involved in the case, and a defence lawyer, who said that an investigation into current police corruption was required....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

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…...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An episode of Re-Think featured a panel discussion about how to encourage people to care about, and take action on, climate change. The Authority did not uphold a complaint that the item lacked balance because it did not present the view that climate change is natural and not caused by humans. The item was clearly framed from the outset as not delving into the controversial aspects of climate change or its causes, so viewers would not have expected a balanced debate about those issues. Rather, the programme brought the topic down to a community level and offered practical lifestyle tips....

Download a PDF of Decision No. 1993-076:Ryall MP and Radio New Zealand Ltd - 1993-076 PDF545. 05 KB...

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 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with John Key – presenter’s comments – allegedly in breach of balance Findings Standard 4 (balance) – programme 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 Breakfast was broadcast on TV One on the morning of Wednesday 4 June 2008 between 6. 30am and 9am. At approximately 7. 15am, one of the hosts, Paul Henry, interviewed the Leader of the Opposition, John Key. This was a weekly exchange used to balance Paul Henry’s Monday morning weekly discussions with the Prime Minister, Helen Clark. [2] In the 4 June segment, Mr Key and the host discussed the possibility of a National coalition with the Green Party....

Complaints under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – televised debate on race relations included expert panel and studio audience – allegedly unbalanced and partial FindingsStandard 4 (balance) – reasonable efforts made to canvass a range of views from both sides in context – impartial – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The two-hour programme was a live panel and studio audience discussion, in which the participants discussed race issues between Māori and Pakeha in New Zealand society. The programme was hosted by Anita McNaught, and co-hosted by Robert Rakete and Kerre Woodham. Complaints [2] Colin Cross complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and partial....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item reported that colostrum from cows’ milk was being used to cure a variety of illnesses – allegedly unbalanced and inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item reported a new product which was claimed to be a cure for a wide variety of illnesses – discussed a controversial issue of public importance – no alternative viewpoints were presented which questioned the product’s effectiveness or the scientific proof behind it – unbalanced – upheld Standard 5 (accuracy) – reporter adopted the position put forward in the story that colostrum was a miracle cure – news was not impartial – viewers would have been misled – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....

Complaint60 Minutes – decriminalisation of prostitution – unbalanced – partialFindingsStandard G6 – s. 4(1)(d) – balance achieved within the period of current interest – no uphold This headnote does not form part of the decision. Summary The proposal to introduce legislation to decriminalise prostitution was the subject of an item on 60 Minutes which was broadcast on TV One on 21 May 2000 at 7. 30pm. The report examined how decriminalisation had worked in New South Wales, where prostitution had been legalised for some time. Stephen Yeats complained to Television New Zealand Ltd, the broadcaster, that the broadcast was unbalanced because no views which opposed the proposal were heard. As he received no response to his complaint, he referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

ComplaintNewstalk ZB – doctor commented that human life begins at implantation, not conception – inaccurate – contrary to accepted medical practice – dangerous – undermined respect due to human embryo FindingsPrinciple 4 – not relevant Principle 5 – not relevant Principle 6 – well-informed opinion – no uphold Principle 8 – reminder This headnote does not form part of the decision. Summary [1] The Medical Training Co-ordinator of the New Zealand Family Planning Association commented on Newstalk ZB on 27 February 2002 at around 8. 30am along the lines that human life begins at the implantation of the human embryo into a woman’s womb and not at conception. [2] Right to Life New Zealand Inc. complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the comments were inaccurate, contrary to accepted medical practice and dangerous....

ComplaintConcert FM – news item on cannabis use – report that decriminalisation would lead to increased use – and heavy use could lead to criminal behaviour FindingsPrinciple 4 – long period of current interest for the decriminalisation of cannabis debate – explored in other media – Guideline 4b (ii) – no uphold This headnote does not form part of the decision. Summary [1] A submission that the decriminalisation of cannabis would lead to other criminal and anti-social behaviour was referred to in a news item broadcast on Concert FM at 8. 00am on 23 July 2001. It was reported that the submission had been made by the Police Association to a Parliamentary Health Select Committee inquiring into the harm associated with cannabis use. [2] David Currie complained to Radio New Zealand Ltd, the broadcaster, that the news item was misleading....