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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 27/94 Dated the 9th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ADOLF SOETEMAN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six taxi companies in Auckland – noted that driver of Green Cab had looked down at something six times during the journey – allegedly unbalanced, inaccurate and unfair FindingsStandard 6 (fairness) – broadcaster was entitled to edit footage – unclear what the driver was looking at – Target legitimately commented that he demonstrated lapses in concentration and took his eyes off the road – programme broadcast fair reflection of Green Cabs’ response – not unfair – not upheld Standard 5 (accuracy) – concerns better dealt with under fairness – subsumed into consideration of Standard 6 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] During an episode of Target, broadcast at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

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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 1989Close Up – item about homeopathy sceptics – included comment from sceptics, a homeopathy client, a practitioner and New Zealand Council of Homeopaths – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – three interviewees offered views in favour of homeopathy – broadcaster made reasonable efforts to present significant points of view – 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 Wednesday 10 February 2010, featured an experiment conducted by the New Zealand Sceptics Society in which they tried to overdose on homeopathic remedies. They reached the conclusion that the remedies were essentially water containing extremely diluted substances....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – Pacific correspondent updated situation in Fiji – allegedly unbalanced and inaccurate Findings Principle 4 (balance) – programme was not a discussion of a controversial issue – standard did not apply – not upheld Principle 6 (accuracy) – four inaccurate statements – upheld No Order This headnote does not form part of the decision. Broadcast [1] On 7 March 2008 on Radio New Zealand National, the host of the Nine to Noon programme interviewed Pacific correspondent Michael Field, who was asked to give an update on what had been happening in Fiji. Mr Field stated that the situation in Fiji was "progressively getting worse" and that Commodore Voreqe Bainimarama was showing "all the signs of true military dictatorship"....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

ComplaintEdwards at Large – interview with complainant – host a media adviser to Prime Minister – programme funded by NZ On Air of which host’s wife was a board member – questions about these issues raised in Parliament by complainant – complainant alleged the item unbalanced and partial – broadcaster upheld complaint that programme was partial – written apology – complainant dissatisfied with both extent of complaint upheld and action taken FindingsStandard 4 – balanced debate – no uphold Action taken – letter included TVNZ’s Chief Executive’s explanation – sufficient – no uphold This headnote does not form part of the decision. Summary [1] Mr Hide MP was interviewed on Edwards at Large about some questions he had asked in Parliament concerning the funding of the programme and the linkages between the host, Dr Brian Edwards, his wife Judy Callingham, the Labour Party, and NZ On Air....

Complaint3 News – armed gunmen in Fiji – new uprising or old army exercise? – developing news or old footage? – inaccurate and misleading – caused tourists to cancel trips to Fiji FindingsStandard G1 – inaccurate description of event as "latest incident" – uphold Standards G2, G6, G11, G14, G15, G16, G21 – overall, items not unbalanced or misleading or causing unnecessary panic alarm or distress – no uphold No Order This headnote does not form part of the decision. Summary Footage of Fijian men firing automatic rifles inside an Indian school complex in Labasa on the Fiji island of Vanua Levu, was the subject of two separate news items broadcast on 3 News at 6pm. The first news item, broadcast on 29 November 2000, referred to the footage as "the latest incident" in a terror campaign against Indian villagers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Insight – first of a three-part series on climate change – presenter said it was an attempt to balance the avalanche of reports that dominate the media – presented viewpoints of those who challenged the “perceived wisdom” that climate change was real and caused by humans – allegedly unbalanced Findings Principle 4 (balance) – programme clearly approached topic from a particular perspective – did not purport to be a balanced overview of the climate change debate – substantial amount of media coverage has been devoted to climate change – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Radio New Zealand National’s Insight programme reported that a United Nations organisation called the Intergovernmental Panel on Climate Change (IPCC) had released its latest report....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Complaint"A Tale of Tofu" – National Geographic documentary – unbalanced coverage of controversial topic – inaccurate FindingsSection 4(1)(d) – item dealt with tofu’s cheapness, versatility and availability, not health issues – not controversial topic – no uphold This headnote does not form part of the decision. Summary "A Tale of Tofu" was broadcast by Sky Network Television Ltd on the National Geographic channel on 8 October 2000 at midday. It provided a cultural and historical overview of the role of tofu in Chinese life. Mr R F James complained to Sky Network Television that the broadcast was unbalanced because it presented tofu in a positive light, and failed to acknowledge that there was a significant body of evidence which showed that it was not healthy, and that it posed irreversible dangers to consumers....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

ComplaintOmission to broadcast news about Invercargill businessman – unbalanced – deceptive programming practiceFindingsComplaint about omission to broadcast – editorial judgement – decline to determineThis headnote does not form part of the decision. SummaryBrent Procter complained that local news bulletins on Newstalk ZB and Classic Hits Invercargill had failed to cover the activities of an Invercargill businessman who had been charged with fraud. He contended that in this omission the broadcaster had failed to show balance and had used deceptive programming practice in its broadcasts during the period of newsworthiness, notably between 6 March and 10 March 2000. The Radio Network Ltd, the broadcaster, responded for both stations that broadcasting standards were not breached as the story in question had not been broadcast. Dissatisfied with TRN’s response, Mr Procter referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....