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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kerre Woodham Talkback – host started a discussion about whether the Falun Gong organisation should be able to participate in the Auckland City Christmas parade – host stated that Falun Gong had no place in the parade – callers rang in who were both for and against the host’s position – after 90 minutes of discussion, the radio station stopped airing calls from Falun Gong members – allegedly unfair Findings Standard 6 (fairness) – complainant was not “taking part or referred to” in the broadcast –points that complainant wanted to make were made by other callers – Falun Gong not treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989More FM Dunedin – complainant live on-air as winner of two movie tickets – said she was studying – host allegedly said “and to think three years ago you were sitting on your arse doing nothing going nowhere” – allegedly unfair and breach of privacyFindingsPrinciple 3 (privacy) – no private facts disclosed – no intrusion – not upheldPrinciple 5 (fairness) – comment intended as compliment – apology offered in view of misunderstanding appropriate – not upheldThis headnote does not form part of the decision. Broadcast[1] The complainant was a caller to More FM Dunedin as the winner of two movie tickets. She was put on air by the host and, in response to a question, she said that she was studying....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

The Authority has not upheld a complaint that a segment on Newshub Live at 6pm breached the offensive and disturbing content, discrimination and denigration, and fairness standards. The segment referred to two recent kidnapping attempts, and asked for witnesses to come forward to help identify the alleged perpetrator. During the segment, a video was shown of the alleged perpetrator, who was described as ‘possibly Indian’. The Authority did not uphold the complaint under any of the nominated standards, finding the broadcast was a straightforward news item; the language used was not offensive or disturbing; did not contain malice or nastiness; and was unlikely to encourage discrimination against, or denigration of a section of the community. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Fairness...

Summary [This summary does not form part of the decision. ]An item on Seven Sharp on Valentine’s Day reported on a woman who had auctioned a pair of sunglasses on TradeMe that were left at her house by a man she met on the smartphone dating app ‘Tinder’. The Authority did not uphold the complaint that the item glamorised theft and was unfair to the man. It was clear from the item that the woman had given the man ample opportunity to retrieve the sunglasses, and he was not treated unfairly. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Responsible ProgramingIntroduction[1] An episode of Seven Sharp, broadcast on 14 February 2014, included an ‘anti-Valentine’s Day’ story where a woman had auctioned a pair of sunglasses on TradeMe that were left at her house by a man she met on the smartphone dating app ‘Tinder’....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-088 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item contained graphic of sign “For Sale, NZ SOEs” – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – graphic displayed in the introduction was not a “material point of fact” – given the extensive coverage on the Government’s proposed partial asset sales, viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs). A graphic of a sign saying, “For sale, NZ SOEs” was displayed behind the newsreader during the 18-second introduction to the item. The item was broadcast on TV One on 10 July 2012....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on Government’s spending review to assist with the cost of the Christchurch earthquake – showed footage of students helping with the clean-up and stated that “Canterbury students have been out on the streets cleaning up Christchurch, but today they weren’t being thanked, they were being targeted by the Finance Minister” – showed Finance Minister stating that the Government was not “ruling anything in or out” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement that students were being “targeted” amounted to political commentary – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr English is a political figure – item clearly portrayed his position on interest-free student loans – not upheld This headnote does not form part of the decision....

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....