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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 57/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN S WERRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-105 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND MINERALS INDUSTRY ASSOCIATION Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 161/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LION NATHAN LIMITED Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY JOHNSTON of Christchurch Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

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(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – news item broadcast on the night before the General Election reported on upcoming election prediction made by leader of the Labour Party that Labour could still win the election – allegedly in breach of controversial issues - viewpoints and fairness Findings Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – the policies of other political parties were canvassed earlier the same day – appropriate that Prime Minister had the final say – not upheld Standard 6 (fairness) – item unbiased – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 60 Minutes – item reporting on the reaction to the proposed Civil Union Bill before Parliament – allegedly unbalancedFindingsStandard 4 (balance) – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on 60 Minutes entitled “Union Trouble” was broadcast on TV3 on 23 August 2004 at 7. 30pm. The focus of this segment was the reaction of various groups to the proposed Civil Union Bill. [2] The broadcast included interviews with the Pastor of the Destiny Church, a gay couple, a lesbian Presbyterian Minister and the managing director of the Maxim Institute. Complaints [3] Rachel Trimble complained to CanWest TVWorks Ltd, the broadcaster, that the 60 Minutes programme was neither balanced nor impartial....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item reporting research into filicide, where parents murder their children – presenter noted that filicide “is often committed by men” – interviewed two women whose partners had murdered their children and referred to a third case where a mother had murdered her daughters – allegedly unbalanced and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance in terms of balance standard – not upheld Standard 6 (fairness) – complainant did not allege that any person or organisation taking part or referred to in the broadcast was treated unfairly – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast at 7....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis 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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – item reported on the Australian Government's proposal to legislate for the mandatory blocking of particular websites – contained comment from a representative of the internet civil liberties group Electronic Frontiers Australia – allegedly unbalanced and inaccurate Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance to New Zealand – not upheld Standard 5 (accuracy) – interviewee qualified his statements – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast during Radio New Zealand National's Morning Report programme on Tuesday 28 October 2008 reported on the Australian Government’s plan to legislate for the blocking of websites it deemed to be illegal or inappropriate....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Caller to talkback on 6 November 2005 used word “Muslim” – disconnected – allegedly unbalancedNews broadcast on 7 November – four matters allegedly inaccurateNews broadcast on 20 November referred to Rugby World Cup – broadcaster acknowledged that it had been inaccurate to say that South Africa had withdrawn its bid – apology to complainant and correction broadcast a week later – action taken insufficientFindingsPrinciple 4 (balance) – did not give rise to issue of balance in talkback radio environment – not upheld Principle 6 (accuracy) – unable to determine three complaints – decline to determineNo inaccuracy in respect of fourth complaint – not upheldAction taken – action taken sufficient – not upheldThis headnote does not form part of the decision. Broadcasts and Complaints [1] Rakesh Chand complained to Apna Networks Ltd, the broadcaster, about three different broadcasts on Apna 990AM....

Download a PDF of Decision No. 1993-107:Fudakowski and Radio New Zealand Ltd - 1993-107 PDF483. 7 KB...

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....