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Leigh Pearson declared a conflict of interest and took no part in the deliberations. Complaint under section 8(1) of the Broadcasting Act 1989Prime Minister’s Hour – Prime Minister John Key hosted Radio Live for an hour – stated that it was an “election-free zone” – Mr Key interviewed Richie McCaw, Sir Richard Branson and Sir Peter Jackson – allegedly in breach of the Election Programmes Code FindingsStandards E1 (election programmes subject to other Codes), E3 (denigration), and E4 (misleading programmes) – broadcast did not amount to an “election programme” for the purposes of the Broadcasting Act 1989 or the Election Programmes Code – in any event the nominated standards were not breached This headnote does not form part of the decision. Introduction [1] Media Works broadcasts in New Zealand through two television stations and many more radio stations. One of its radio stations is Radio Live....

Download a PDF of Decision No. 1990-019:Flook (on behalf of the New Zealand National Party) and Radio New Zealand Ltd - 1990-019 PDF467. 22 KB...

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included the statement, ‘Together we went hard and early to fight COVID. . . ’ The complaint was that this statement breached broadcasting standards because it should have said the Labour Party ‘went hard and late’, on the basis it could have taken ‘some action at the border’ earlier than it did, to protect New Zealanders. The Authority found the statement was clearly opinion and advocacy promoting the Labour Party, rather than a statement of fact, and that viewers were unlikely to be misled. There was no actual or potential harm caused, to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-129 Dated the 9th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GREEN SOCIETY Broadcaster MAI FM LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ]During the National Party's closing address, footage was shown of Prime Minister John Key with US President Barack Obama and the Queen. The Authority declined to determine the complaint that the use of this footage was illegal and breached standards, on the basis the complaint was trivial and did not raise any broadcasting standards issues in the context of a political broadcast carrying high public interest. Declined to determine: Election Programmes Subject to Other CodesIntroduction[1] During the National Party's closing address the night before the 2014 general election, brief footage was shown of Prime Minister John Key with United States President Barack Obama and Queen Elizabeth II. [2] Steve Curtis lodged an election programme complaint directly with the Authority, under Standard E1 of the Election Programmes Code (election programmes subject to other Codes)....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989One News – New Zealand Labour Party Opening Address included discussion about Capital Gains Tax – showed list of countries entitled “OECD countries with some form of tax capital” which included Singapore – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air TV Code – inclusion of Singapore in list graphic was not a material point of fact – Singapore was not referred to verbally – broadcaster and the Labour Party acknowledged that it was an error and it will not appear in future broadcasts – Opening Address not misleading or inaccurate – not upheld This headnote does not form part of the decision....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989 New Zealand First Election Advertisement – stated that “only Winston and New Zealand First can save the foreshore and seabed for our family” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – statement was clearly opinion and promotion of New Zealand First policy – guideline 5a to Standard 5 exempts opinion from standards of accuracy – election programmes broadcast in robust political environment and listeners would have interpreted the advertisement accordingly – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for New Zealand First was broadcast on Newstalk ZB on 21 November 2011 at approximately 10. 40pm....

An election advertisement for the Labour Party included the statement, ‘we’ll…make apprenticeships free to prepare for tomorrow’s jobs. . . ’ The complainant argued that this statement was inaccurate because the apprenticeships are not free but paid for by the taxpayers. The Authority did not uphold the complaint finding that a reasonable viewer was unlikely to be misled by the programme. Not Upheld: Election Programmes Subject to Other Standards (Accuracy)...

Summary [This summary does not form part of the decision. ]In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading ProgrammesIntroduction[1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Leigh Pearson declared a conflict of interest and took no part in the deliberations. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime Minister’s Hour – Prime Minister John Key hosted Radio Live for an hour – stated that it was an “election-free zone” – Mr Key interviewed Richie McCaw, Sir Richard Branson and Sir Peter Jackson – allegedly in breach of the Election Programmes Code FindingsStandards E1 (election programmes subject to other Codes) and E5 (opening and closing addresses) – broadcast did not amount to an “election programme” for the purposes of the Broadcasting Act 1989 or the Election Programmes Code – in any event the nominated standards were not breached This headnote does not form part of the decision. Introduction [1] Media Works broadcasts in New Zealand through two television stations and many more radio stations. One of its radio stations is Radio Live....

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included very brief footage of a young person using a hand-held grinder without a guard. The complaint was that this was contrary to health and safety guidelines and promoted poor industrial practice. Noting the clip was fleeting and peripheral to the overall nature and purpose of the advertisement, the Authority did not find any breach of broadcasting standards. No actual or potential harm was caused in terms of the objectives of the applicable standards that outweighed the importance of freedom of expression and free political speech in the lead up to the general election. Not Upheld: Election Programmes Subject to Other Codes (Law and Order, Good Taste and Decency, Accuracy)...

AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

The Authority has not upheld a complaint concerning an election programme for the New Conservative Party. The complainant argued the Party’s policy to remove ‘gender ideology’ from schools, as referred to in the programme, amounted to discrimination against the transgender community. While acknowledging some may consider the policy to be discriminatory and offensive, the Authority found the party’s statement highlighting its policy to remove gender ideology from schools did not reach the high threshold necessary for a finding of discrimination against the transgender community in the context of an election programme. In making its finding, the Authority took into account the significant public interest in election programmes in informing voters of party policies, and the robust political environment in the lead-up to the general election. Not Upheld: E1: Election Programmes Subject to Other Code (Discrimination and Denigration)...

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme’s reference to delivering tax relief was misleading as the Party’s policy of ‘tax cuts for the majority of families…[has] been proven to be incorrect by independent economists’. The Authority considered viewers would have understood the statement to be advocacy or opinion rather than fact, encouraging the public to vote for National, and the relevant statement reflected National Party policy; it is not a quantified promise, a guarantee, or a statement of fact. Not Upheld: E1: Election Programmes Subject to Other Standards (Accuracy), E2: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

Summary An ACT Party political advertisement broadcast around 7. 00pm on TV One on 18 November included a promise to voters that a vote for the party would ensure a "Fair, full and final treaty settlement". Mr Powell complained to Television New Zealand Ltd, the broadcaster, that the advertisement, which he said was broadcast at 6. 54pm made a claim which was incorrect, inaccurate, and designed to confuse the voting public deliberately. He maintained that ACT did not have the power to make any such promise as treaty issues were matters between the British monarch and what he called the Maori principal. TVNZ advised that its response to the complaint was limited to whether or not the advertisement accurately reflected ACT’s policy. That Mr Powell and others disagreed with that policy was not, TVNZ continued, sufficient cause for a formal complaint....

ComplaintElection programme – Labour Party advertisement – Prime Minister seen with New Zealanders in UN Peacekeeping force in East Timor – her presence implied support for East Timor – incorrect in light of New Zealand’s historical position Findings Standard 5 and Guideline 5b – item focused in part on transition to independence – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An election advertisement for the New Zealand Labour Party was screened on TV One at about 7. 00pm on 2 July 2002. Among the visuals the Prime Minister was shown visiting the New Zealanders who were part of the UN Peacekeeping force in East Timor. [2] Marcel Spencer complained to Television New Zealand Ltd, the broadcaster, that the advertisement was misleading in that it suggested New Zealand’s support for East Timor’s independence....

Download a PDF of Decision No. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...