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Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Tichbon and Television New Zealand Ltd - 2000-042
2000-042

SummaryWhen Women Kill, a documentary about two women who had both served 10 years in prison for murder was broadcast on TV One on 18 October 1999 at 8. 30pm. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that individuals referred to in the programme by the two women had not been treated fairly as they had not been given an opportunity to respond to accusations made about their conduct. He also complained that the programme was unbalanced because of comments made by a prison manager and because, Mr Tichbon said, it portrayed women as victims and men as violent abusers of women and children. TVNZ responded that the programme had not concealed the fact that it was tracing the women’s lives from their point of view. In those circumstances it considers it was not necessary to include the people referred to in the programme....

Decisions
Burns and Television New Zealand Ltd - 2004-012
2004-012

ComplaintOne News – item disclosed details of murder victim's private life – information allegedly gained by deception – use insensitive to familyFindings Standard 6 and Guidelines 6c and 6e – conflicting accounts about provision of information – decline to determine – s11(b)This headnote does not form part of the decision Summary [1] Details of the private life of murder victim Mark Burns were broadcast in an item on One News at 6. 00pm on 7 September 2003. [2] Irene Burns, an aunt of the deceased, complained to Television New Zealand Ltd, the broadcaster, that the journalist who had contacted her about Mark's death had reported information in the item which she had asked not to be broadcast. [3] In response, TVNZ contended that the accounts of the events from the complainant and the reporter could not be reconciled....

Decisions
Birchfield and The Radio Network Ltd - 2004-213
2004-213

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

Decisions
RZ and Television New Zealand Ltd - 2016-011 (17 May 2016)
2016-011

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Decisions
BL and MediaWorks Radio Ltd - 2017-025 (9 August 2017)
2017-025

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Decisions
Atkins and Television New Zealand Ltd - 2016-056 (2 December 2016)
2016-056

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....

Decisions
Loder and Radio New Zealand Ltd - 2018-041 (10 August 2018)
2018-041

Summary[This summary does not form part of the decision. ]An item on Morning Report reported that, over the past ten years, reported firearm theft has increased by 35%, and through the comments of three interviewees considered whether the increase of firearm theft is related to issues around their safe storage and registration. The Authority did not uphold a complaint that the item breached standards of balance and fairness. The Authority found the item provided sufficient balance through multiple alternative points of view that enabled listeners to form their own opinion on the topic. The fairness standard cannot be applied to licenced firearm owners as they are not an ‘organisation’ for the purposes of the standard. Not Upheld: Balance, Fairness The broadcast[1] An item on RNZ’s Morning Report reported that:’Almost 3,300 firearms have been stolen over the past five years – a 35% percent increase on the five years before....

Decisions
New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027
1990-026–027

Download a PDF of Decision No. 1990-026–027:New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027 PDF3. 73 MB...

Decisions
SP and TVWorks Ltd - 2010-112
2010-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

Decisions
Wood and SKY Network Television Ltd - 2011-135
2011-135

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 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018
2012-018

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

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…...

Decisions
Young and Radio New Zealand Ltd - 2014-005
2014-005

Summary [This summary does not form part of the decision. ]A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch. The Authority did not uphold the complaint that the item made inadequate mention of the widespread opposition to the upgrade, saying only that it had been challenged by ‘some nearby residents’. The item acknowledged the upgrade was controversial, and the nature and scale of the opposition was not material to the focus of the brief news item, so listeners would not have been misled. Not Upheld: Accuracy, Controversial Issues, FairnessIntroduction[1] A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch....

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Decisions
Wildman and MediaWorks TV Ltd - 2015-075 (4 May 2016)
2015-075

Summary [This summary does not form part of the decision. ] An item on Story investigated an alleged issue within the Auckland property market. It was introduced: ‘Some real estate agents are helping investors and traders… get the houses first [before auction]’. An actor approached different real estate agencies and asked agents to sell him properties for investment prior to auction and at a lower price, which the presenter claimed would be in breach of the industry code. Amy Wildman, one of the agents approached, was filmed with a hidden camera apparently agreeing to sell a property prior to auction. The Authority upheld a complaint from Ms Wildman that she was treated unfairly. The broadcast was damaging to Ms Wildman and did not fairly represent her position, and the use of the hidden camera footage was, on balance, not justified by public interest considerations....

Decisions
RK and Television New Zealand Ltd - 2018-025 (24 August 2018)
2018-025

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

Decisions
Goodchild and SKY Network Television Ltd - 2018-067 (10 October 2018)
2018-067

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of children’s cartoon Shimmer and Shine breached broadcasting standards by promoting gambling to children. The episode focused on the main character’s quest to win tickets in an arcade with the help of her genies so she could get the prize she wanted. The Authority acknowledged there are similarities between arcade games and casinos and acknowledged the complainant’s concerns about the episode in this respect. However the young target audience were unlikely to make that connection, reducing the likelihood of real harm being caused by the programme. The Authority therefore found any restriction on the right to freedom of expression would be unjustified....

Decisions
Hayward and Television New Zealand Ltd - 2016-040B (19 October 2016)
2016-040B

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the presenter’s editorial comments following the item were unbalanced, inaccurate and unfair. In making its decision, the Authority acknowledged the influential position of the presenters, but found that alternative views were conveyed during the item and in subsequent items during the period of current interest. The presenters’ comments were their opinion and analysis of the issues discussed, rather than statements of fact, so they were not subject to the accuracy standard....

Decisions
Garrett and Television New Zealand Ltd - 2016-084 (10 February 2017)
2016-084

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

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