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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – discussion of recent campaign issues which had arisen in regard to forthcoming general election – commentators were a former president of the National Party, a former president of the Labour Party and a political science lecturer – allegedly partisan and unbalancedFindingsStandard 4 (balance) – most of complaint based on personal preferences – role of minor parties raised issue of broadcasting standards – range of views advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Agenda broadcast on TV One at 8. 30am on 10 September 2005 included a panel discussion about campaign issues relating to the general election then due on 17 September. Specific aspects were covered in different segments of the programme....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

ComplaintSpace – interview with two female porn actors – promoted their profession and business interests – no information about full activities of interviewees – unbalanced – abusive and objectionable language in complainant’s final comment FindingsStandard G6 – decline to determine This headnote does not form part of the decision. Summary [1] Two visiting female porn actors were interviewed on Space, broadcast on TV2 between 10. 25pm and midnight on 9 November 2001. The questions focused mainly on how they became involved in the industry, and one of the interviewees asked viewers interested in entering the industry to contact them. [2] Phillip Smits complained to Television New Zealand Limited, the broadcaster, that the interview was unbalanced as no one spoke about the degrading aspects of the industry....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item on 26 May reported that Ngati Porou was preparing to implement Foreshore and Seabed Deed of Agreement – allegedly unbalanced Te Kaea – follow-up item on 10 July stated that three sub-tribes opposed the agreement – included comment from representatives of tribes – allegedly unbalanced and inaccurate Findings26 May item Standard 4 (balance) – item did not discuss a controversial issue of public importance – brief news item on Ngati Porou signing the Deed and what would happen next – indicated that it would be a challenge to gain support of all relevant parties – not necessary to mention groups that did not consider themselves Ngati Porou – not upheld 10 July item Standard 4 (balance) – item did not discuss a controversial issue of public importance – information piece about opposition to foreshore and seabed agreement – not upheld Standard 5 (accuracy) –…...

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

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....

Summary A psychiatrist and the mother of a young person suffering from a mental illness were interviewed by Kim Hill on Nine to Noon broadcast on National Radio on 4 August 1999 beginning at 9. 40am. Mr Boyce complained to Radio New Zealand Ltd that the interview lacked balance because it did not include the point of view of anyone who had been diagnosed as suffering a mental illness. He also complained that, because the mother was identified, her son would also have been identifiable, and it was a breach of the Privacy Act to release his medical details. Mr Boyce argued that the interviewer perpetuated myths and stereotypes about those with mental illness. In its response, RNZ emphasised that the focus of the interview was the availability of treatment for young people suffering mental illness....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News and Tonight – item reported on the release of the "Sutch Papers" by the New Zealand Security Intelligence Service – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – Sutch Papers released did not confirm that "Sutch had a longstanding association with the KGB" as stated in the item – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 6 June 2008 and repeated on Tonight at 10. 30pm the same evening, reported on the release of the Sutch Papers by the New Zealand Security Intelligence Service (NZSIS)....

ComplaintOne News – item on Israeli attacks in Gaza – unbalanced and inaccurate FindingsStandard 4 – balance achieved both in coverage on day and following days’ news coverage – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] Two Israeli attacks in Gaza were the focus of an item about the Israeli-Palestinian conflict broadcast on One News on TV One at 6. 00pm on 11 June 2003. It reported that both attacks missed their targets, but had killed five and injured a number of Palestinians. The deaths, it was said, could set off another round of "tit for tat" killings. [2] Deborah Hart complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and inaccurate as it gave only the Palestinian perspective and suggested that the attacks had happened without provocation....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Checkpoint – report stated that Queenstown may face an energy crisis in the future – the words electricity, energy and power were used interchangeably – allegedly in breach of balance, fairness, accuracy and social responsibility standards Findings Principle 6 (accuracy) – item was not deceptive – listeners would not have been misled – not upheld Principle 4 (balance) – standard did not apply because the item did not discuss a controversial issue of public importance – not upheld Principle 5 (fairness) – standard did not apply – not upheld Principle 7 (social responsibility) – standard did not apply – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Download a PDF of Decision No. 1993-080:McDonald and Television New Zealand Ltd - 1993-080 PDF332. 98 KB...

ComplaintNational Radio – Insight – edited highlights of a panel discussion on republicanism and the Treaty of Waitangi – unbalanced – lack of editorial integrity FindingsPrinciple 4 – not a controversial issue – no uphold Principle 6 – not news or current affairs – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 3 June 2002, comprised edited highlights of a panel discussion on republicanism and the Treaty of Waitangi. [2] Dr Noel Cox, on behalf of The Monarchist League of New Zealand Inc, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, its timing inappropriate, and it lacked editorial integrity....

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....