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Decisions
Anderson and Discovery NZ Ltd - 2021-122 (1 December 2021)
2021-122

The Authority has not upheld a complaint that a Newshub Live at 6pm report breached the accuracy and fairness standards by stating there was no evidence ivermectin works in treating or preventing COVID-19. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. The complainant did not identify a person or organisation said to be treated unfairly in the broadcast so the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
DowElanco (NZ) Ltd and Television New Zealand Ltd - 1996-064
1996-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Williams and Television New Zealand Ltd - 2009-057
2009-057

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....

Decisions
Kiro and RadioWorks Ltd - 2008-108
2008-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

Decisions
Rigarlsford and The Radio Network Ltd - 2005-058
2005-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – host terminated a call saying “why don’t you just bugger off, you bigoted old silly man” – allegedly unfairFindingsPrinciple 5 (fairness) – robust environment of talkback radio – comments not unfair – not upheld This headnote does not form part of the decision. Broadcast[1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 18 April 2005, a caller expressed the view that there was one law for Māori and another law for everybody else with regard to carrying weapons in public. Following a brief exchange, the host terminated the call saying “why don’t you just bugger off, you bigoted old silly man”....

Decisions
Boom and Television New Zealand Ltd - 2004-215
2004-215

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

Decisions
Hepworth and Television New Zealand Ltd - 2003-126
2003-126

ComplaintLocation, Location, Location – property sale – gratuitous exposure of the vendors’ relationship – allegedly insensitive and unfair FindingsStandard 6 – argument pivotal to transaction– no adverse reflection on complainant – not unfair – no uphold This headnote does not form part of the decision. Summary [1] An episode in the series Location, Location, Location was broadcast on TV One at 7. 30pm on Monday 7 July 2003. One part of the programme featured Mr and Mrs Hepworth attempting to sell their home. [2] Mrs Hepworth complained to Television New Zealand Ltd, the broadcaster, that the programme was unfair to her by including an argument between her and her husband that was incidental to the programme. [3] TVNZ maintained that it could not identify any aspect of the programme where the complainant had been treated unfairly. Accordingly, it declined to uphold the complaint....

Decisions
Smart and TVWorks Ltd - 2011-174
2011-174

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Gibson and Radio New Zealand Ltd - 2012-113
2012-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand News – item reported that pedestrian had been hit by a bus in Wellington – newsreader stated, “St John Ambulance says a woman in her mid-forties was hit by a bus on the corner of Hunter and Featherston streets… A spokesperson says the woman sustained moderate injuries and was transferred to Wellington hospital…” – reference to St John Ambulance allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – reference to St John Ambulance was not material to the focus of the item and would not have misled listeners in any material respect – not upheldStandard 6 (fairness) – Wellington Free Ambulance did not take part and was not referred to in the broadcast so listeners would not have been left with an unfairly negative impression of it as an organisation – in any event the reference to St John Ambulance was…...

Decisions
Garrett and Radio New Zealand Ltd - 2013-048
2013-048

Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989Nine to Noon – contained a discussion about the 'three strikes' legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaintFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheldStandard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld No Order This headnote does not form part of the decision....

Decisions
Eddy and Television New Zealand Ltd - 2014-087
2014-087

Summary [This summary does not form part of the decision. ] A Seven Sharp item reporting on a forecast increase in New Zealand’s rat, mice and stout population due to a beech mast event, contained footage of 1080 pellets and an aerial 1080 drop. The Authority did not uphold the complaint that the item was unbalanced because it did not present the anti-1080 viewpoint. The item’s focus was not the use of 1080 so it was not necessary to put forward views for and against its use, but in any case the broadcaster alluded to three earlier items on this specific beech mast event which did refer to alternative views....

Decisions
Lloyd and SKY Network Television Ltd - 2015-033
2015-033

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....

Decisions
Holubicki and Sky Network Television Ltd - 2016-020 (27 June 2016)
2016-020

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....

Decisions
Trident Systems Ltd and Radio New Zealand Ltd - 2017-044 (27 October 2017)
2017-044

Summary[This summary does not form part of the decision. ]An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results....

Decisions
CA and Television New Zealand Ltd - 2019-042 (29 October 2019)
2019-042

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

Decisions
Jervis & Robertson and Television New Zealand Ltd - 2024-103 (29 April 2025)
2024-103

The Authority has upheld two complaints concerning the accuracy of a brief 1News item on 15 November 2024 about heightened security in Paris following violence the previous week around a football match between Ajax and Maccabi Tel Aviv in Amsterdam. The item reported, ‘Thousands of police are on the streets of Paris over fears of antisemitic attacks…That's after 60 people were arrested in Amsterdam last week when supporters of a Tel Aviv football team were pursued and beaten by pro-Palestinian protesters. ’ TVNZ upheld the complaints under the accuracy standard on the basis the item ‘lacked the nuance’ of earlier reporting on the events, by emphasising the ‘antisemitic’ descriptor while omitting to mention the role of the Maccabi fans in the lead-up to the violence. The Authority agreed with this finding and further found the action taken by TVNZ was insufficient....

Decisions
Bell and Radio New Zealand Ltd - 2023-016 (30 May 2023)
2023-016

The Authority has not upheld a complaint an interview on Saturday Morning, where the host misgendered and ‘deadnamed’ the interviewee, breached the discrimination and denigration standard. While the Authority acknowledged the potential harm in the host’s words, it found the words were directed at the interviewee as an individual, not a section of society as required by the standard. The Authority, in implying the fairness standard, did not consider listeners would have been left with a negative impression of the interviewee. The potential harm therefore did not reach the threshold justifying regulatory intervention.    Not Upheld: Discrimination and Denigration, Fairness...

Decisions
Morris and SKY Network Television Ltd - 2018-050 (24 August 2018)
2018-050

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a story on Prime News, reporting on incorrect deductions that were made from a solo mother’s benefit, was inaccurate and resulted in Work and Income New Zealand (WINZ) being treated unfairly. The featured mother was repaid $7,000 from WINZ after discovering that deductions had been made from her benefit in error, as she qualified for an exemption from a policy requiring her to identify the father of her child. The Authority considered that the item was a fair and accurate report on the issue. WINZ was the agency responsible for administering the woman’s benefit and for making the deductions under legislation. It was therefore reasonable for the broadcaster to refer to WINZ and to rely on comment from the Minister for Social Development in response....

Decisions
Hurley and Radio New Zealand Ltd - 2019-043 (10 October 2019)
2019-043

The Authority did not uphold a complaint that an item on Insight that investigated the history and current state of far-right, alt-right and nationalist ideologies breached broadcasting standards. The Authority found the broadcast was balanced as it contained a range of significant perspectives. The Authority also found people who hold these ideologies do not amount to an ‘organisation’ for the purposes of the fairness standard and therefore that the fairness standard does not apply. Not Upheld: Balance, Fairness...

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