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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Summary The INCIS police contract cancellation by IBM was the subject of a talkback/voteline segment on Good Morning, broadcast on TV One between 10. 00am and 12. 00pm on 11 August 1999. Mr McLean complained to Television New Zealand Ltd, the broadcaster, that there had been a lack of balance in the treatment of the issue in both a trailer for Good Morning, and in the programme itself. TVNZ upheld part of the complaint. It acknowledged that the treatment of the issue on the programme was unbalanced because it had not included an alternative view to that of the presenter. It advised that it had reviewed Good Morning’s approach to political issues as a consequence. Mr McLean contended that TVNZ’s action in response to the upheld complaint was inadequate. In his view, TVNZ should have broadcast a statement about its standards breach....

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Edwards at Large – interview with complainant – interviewee ambushed into taking part – unfair, partial and unbalanced FindingsStandard 4 – interview not unbalanced – no upholdStandard 6 – complainant adequately informed of the reason for her contribution and the role expected of her – conduct of interview not unfair – no uphold This headnote does not form part of the decision Summary [1] Lynley Hood was interviewed by Brian Edwards on Edwards at Large about the content of her book “A City Possessed: the Christchurch Civic Crèche case”. The programme was broadcast on TV One at 9. 35pm on Saturday 16 August 2003. [2] Ms Hood complained to Television New Zealand Ltd, the broadcaster, that the item was neither balanced nor impartial and that she had been ambushed into participating in the interview....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

ComplaintDocumentary New Zealand: 1951 – waterfront dispute – focused on experiences of watersiders – unbalanced FindingsStandard G6 – approach taken outlined at outset of programme – authorial documentary – no uphold This headnote does not form part of the decision. Summary Documentary New Zealand: 1951 examined aspects of the major waterfront dispute which occurred in that year. The programme comprised mainly personal recollections of some people involved. It was broadcast at 8. 30pm on 16 July 2001 on TV One. R B Morton complained to Television New Zealand Ltd, the broadcaster, that the programme lacked balance. While it looked at the plight of the watersiders’ families, he said, it did not examine the irresponsible working practices of the watersiders and their effect on New Zealand. In response, TVNZ said that the programme had referred to the way the dispute developed....

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

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…...

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…...

Download a PDF of Decision No. 1993-117:Kerr and TV3 Network Services Ltd - 1993-117 PDF494. 67 KB...

Download a PDF of Decision No. 1990-029:O'Neill and Television New Zealand Ltd - 1990-029 PDF1. 33 MB...

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

Summary [This summary does not form part of the decision. ] An item on Seven Sharp featured the story of a terminally ill woman who is a long-standing voluntary euthanasia campaigner. The item also discussed the history of attempts to legalise voluntary euthanasia in New Zealand and overseas. The Authority upheld a complaint that the item lacked balance. The item did not solely approach voluntary euthanasia from the personal perspective of the interviewee. It included a wider discussion of the voluntary euthanasia debate and law reform that triggered the requirement for presentation of alternative views, which were not presented within the programme or within the period of current interest. Upheld: Controversial Issues No Order  Introduction [1] An item on Seven Sharp featured the story of a terminally ill woman who has been a voluntary euthanasia campaigner for the last two decades....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 4/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AMBLA (AUSTRALASIAN MAN BOY LOVE ASSOCIATION) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-001 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN McLEAN of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-073 Dated the 11th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...