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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 112/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAME THEA MULDOON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-077 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN IN FILM AND TELEVISION (Auckland) INC. (WIFT) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Devlin Live – discussion of a press release from BP Oil explaining prices – allegedly unfair and in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – context – not upheldPrinciple 5 (fairness) – BP Communications Manager not personally attacked – not unfair – not unfair to criticise BP’s policy on fuel prices – not upheldThis headnote does not form part of the decision. Broadcast[1] On Wednesday 7 September 2005, at around 8. 45am, the host of the Radio Live breakfast show Devlin Live, Martin Devlin, made a number of critical comments about a press release from BP Oil concerning petrol prices. The host referred to the press release as “PR BS” (public relations bullshit), and offered his view that BP Oil were trying to “screw” and “root” consumers....

The Authority has not upheld two complaints relating to a news item reporting on ANZ increasing mortgage interest rates, which showed a brief exchange between National Party Finance Spokesperson Nicola Willis and Finance Minister Hon Grant Robertson during Question Time in Parliament. The complainants alleged the broadcast breached the accuracy and fairness standards as the broadcaster edited the footage of Robertson’s response to Willis’s question to make him seem unsympathetic and evasive. The Authority found the way in which the broadcast was edited was not likely to give the impression that Robertson did not fully address Willis’s question, and that Robertson was not treated unfairly. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint under the balance, accuracy and fairness standards about a broadcast of 1News discussing the United States’ decision to send more combat aircraft and war ships to the Middle East following the killing of Hamas political leader Ismail Haniyeh. The complainant argued the broadcast was unbalanced and biased towards American and Israeli interests by omitting to mention Haniyeh was the chief negotiator for Hamas in ceasefire negotiations relating to the ongoing Israel-Hamas conflict. The Authority found the broadcast was more of a report on recent events than a discussion of issues to which the balance standard might apply....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Fowl Play” – item about the battery farming of hens – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – controversial issue of public importance – item included Egg Producers’ comment received shortly before broadcast – not upheld Standard 5 (accuracy) – no inaccuracies – some aspects complained about were clearly opinion – not upheld Standard 6 (fairness) – while beak trimming comment verged on unfairness, not unfair – no other unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Concerns about the battery farming of hens were raised in an item entitled “Fowl Play” broadcast on 60 Minutes on TV3 at 7. 30pm on 20 September 2004. Criticisms were advanced by an activist against the battery farming of hens, and by a farmer of free range hens....

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....

Summary[This summary does not form part of the decision. ]Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. The Authority did not uphold a complaint that the programme amounted to 'hate speech' and incited violence. The speech clearly comprised the speaker's own interpretation of the teachings of the Qur'an, and did not contain anything which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Children, Law and Order, Fairness, Accuracy Introduction[1] Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. [2] Adam Lloyd complained that that programme amounted to 'hate speech' and 'incite[d] violence towards unbelievers'. [3] The issue is whether the broadcast breached the good taste and decency, children, law and order, fairness and accuracy standards of the Pay Television Code of Broadcasting Practice....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – showed magazine photograph which reported that celebrities Charlotte Dawson and Nicky Watson had moved into a flat together – photograph included women’s Chihuahua dogs – presenter said “Cricket and Harper have recently moved in together” – allegedly offensive, unfair and deceptiveFindingsDecline to determine complaint under s11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10. 00pm on 5 April 2005, referred to an issue of New Zealand Woman’s Weekly featuring a photograph of celebrity flatmates Charlotte Dawson and Nicky Watson, and their pet dogs. The presenter referred to the dogs and said “Cricket and Harper have recently moved in together”. Complaint [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, that the comment was offensive and unfair to the named celebrities....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

The Authority has not upheld a complaint about comments by Mike Hosking regarding Director General of Health, Dr Ashley Bloomfield. Mr Hosking said Dr Bloomfield ‘lied to the Select Committee’ and was a ‘liar’. The Authority found the accuracy and fairness standards were not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high profile position, he can reasonably expect to be the subject of robust scrutiny. Not Upheld: Accuracy, Fairness  ...