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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

ComplaintMorning Report – panel discussion about Biketawa Declaration – presenter biased – panellist treated unfairly FindingsPrinciple 4 – reasonable efforts made to present significant points of view – no uphold Principle 5 – discussion could have been better handled – not, however, a breach of fairness requirement – no uphold This headnote does not form part of the decision. Summary An item on Morning Report, broadcast on National Radio on 31 October 2000 between 7. 20am and 7. 30am, included a panel discussion about the effects of the recently announced Biketawa Declaration, in which Pacific Islands Forum leaders agreed to change a 30-year tradition of non-interference in the internal affairs of member states, to allow the Forum to deal with regional crises....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

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....

Summary [This summary does not form part of the decision. ] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip. The Authority did not uphold the complaint that the item was inaccurate and unbalanced, and anti-Israel. The reporter outlined the response from Israeli government officials to the incident, and also referred to both Israeli shelling and Hamas rocket firing, indicating that both sides bore some responsibility for the latest escalation of violence. It was not materially inaccurate to refer to Sderot as being ‘on the border of Israel and Gaza’ because a caption onscreen clarified it was in Israel. Not Upheld: Controversial Issues, Accuracy Introduction [1] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 73/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RESCARE NEW ZEALAND Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 118/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PALESTINE HUMAN RIGHTS CAMPAIGN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-122 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G L BROWN of Nelson Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

ComplaintSunday – euthanasia – interview with Lesley Martin charged with murder of terminally ill mother – some other views advanced – unbalanced ComplaintHolmes – euthanasia – interview with Lesley Martin – no other views advanced – unbalanced FindingsSunday – Standard 4 and Guidelines 4a and 4b – item not a debate about euthanasia and included range of personal stories – not unbalanced – no uphold FindingsHolmes – Standard 4 and Guidelines 4a and 4b – item involved interview with current newsmaker – her views about euthanasia balanced by other items during period of current interest – no uphold This headnote does not form part of the decision. Summary – Sunday [1] Euthanasia was the subject of an item on Sunday broadcast on TV One at 7. 30pm on 9 March 2003....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – programme focussed on forthcoming Civil Unions Bill – included a telephone poll asking viewers to respond to the question “Should gay relationships be legally recognised” – polls results found 24% in favour of gay relationships being recognised and 76% against – closing comments by host queried which polls politicians in support of the Bill were relying on – allegedly unbalanced and inaccurateFindings Standard 5 (accuracy) – poll not presented as scientific – results reflected only the views of those willing to call in – limitations of poll clear – host’s comments presented as opinion not fact – not upheld Standard 4 (balance) – standard not applicable – not upheldThis headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

Summary [This summary does not form part of the decision. ]The hosts of Environment Matters discussed their views and opinions which were critical of conventional medicine and medical professionals. The Authority declined to uphold the complaint that the broadcast was unbalanced, irresponsible and denigrated medical professionals. Environment Matters was not a factual programme to which the balance standard applied and the hosts were clearly expressing their personal views so listeners would not have been unduly alarmed or distressed. Medical professionals are not a section of the community to which the discrimination and denigration standard applies. Not Upheld: Controversial Issues, Responsible Programming, Discrimination and DenigrationIntroduction[1] During a programme called Environment Matters the hosts discussed a number of topics and made numerous comments that were heavily critical of conventional medicine and medical professionals....

Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....

Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

Summary An interview with a bisexual author of erotic books was included in 60 Minutes broadcast on TV One on 31 October 1999 between 7. 30–8. 30pm. The woman described herself as "an amateur sexologist" and explained how she had become an expert on the subject of erotica. Mr Hausmann complained to Television New Zealand Ltd, the broadcaster, that the material was pornographic, breached the good taste standard and was unsuitable to be shown at a time when younger viewers could be watching. He also maintained that the item lacked balance because it did not show the serious downside of what he termed sexual addiction. TVNZ responded that the programme had profiled a New Zealand woman who had been approached by a publisher to produce a work on female erotica. It suggested that the complainant had made an unfair assumption by concluding that the woman had a sexual addiction....