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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-080 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN McGINLEY of Lower Hutt Broadcaster CHANNEL Z of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ] 3 News reported on three men who were convicted or accused of sexual offence charges, and showed images of two lists of names, in which the complainants' names featured. The Authority declined to uphold complaints that by showing their names during a discussion about the accused sex offenders, the item breached the complainants' privacy. Their position as Parliamentary Service employees was not private, the inclusion of the complainants' names was peripheral to the item, and there was no suggestion that the complainants were the accused sex offenders, as the three men who were convicted or accused of sexual offence charges were explicitly identified by both their names and their images....

Complaint Target – test of mechanics attending breakdown and repairing a car’s cooling system – use of hidden camera – complainant most expensive repairer – insufficient explanation of reason for costs given – unbalanced – inaccurate – unfair FindingsStandards 4, 5, and 6 – consumer advocacy programme – complaint essentially that complainant not dealt with fairly – subsumed under Standard 6 – as with all other participants one of two manufactured faults not found – services otherwise good – adequate explanation given of invoice – no uphold This headnote does not form part of the decision. Summary [1] The hidden camera segment on Target on 22 September 2002 featured mechanics called to a simulated breakdown situation. The car in question had two manufactured faults. The four companies selected were rated according to their performance at the breakdown, the work on the repair, and their charges....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

ComplaintGive It a Whirl – documentary – stories from rock'n'roll era in New Zealand – included comments about a 1960s music show C'mon – ‘apple incident' recalled and comments said to be inaccurate and unfair Findings Standard 5 – majority – evidence sufficient to conclude that incident did not occur – uphold – minority – anecdote not expected to be entirely accurate – no uphold Standard 6 – evidence sufficient to rule that complainant treated unfairly – uphold No Order This headnote does not form part of the decision Summary [1] Give It a Whirl was a documentary series about the rock'n'roll era in New Zealand. An episode broadcast on TV One at 8. 40pm on 2 June 2003 referred to C'mon – a televised national music show in the 1960s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Victoria’s Empire – presenter made statements about the use of the drug opium by Chinese people in the early nineteenth century – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenter did not state that the Chinese as a people were addicted to opium in 1839 – reasonable viewers would have understood that the presenter’s comments were included in an historical context to explain the onset of the Opium Wars – not upheld Standard 6 (fairness) – complainant misinterpreted the presenter’s statement – presenter’s comments did not denigrate Chinese people – Chinese people treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Victoria’s Empire was broadcast on TV One at 7....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item reported on deaths of two people involved in a police pursuit – stated that 10 people in 2010 had died “as a result of patrol car pursuits” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not state that police were responsible for the deaths – viewers would have understood the meaning of the reporter’s statement – not inaccurate or misleading – not upheld Standard 6 (fairness) – item was straightforward news report – no judgement was made about the actions of the police involved in the pursuits – not unfair to the police – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10....

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...

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

Summary[This summary does not form part of the decision. ]Four items on Newshub featured stories related to the United Kingdom and/or the British Royal Family. The Authority did not uphold complaints that the Newshub items and the reporters’ comments were biased, unfair and derogatory towards the United Kingdom and/or members of the British Royal Family. The Authority found that the news reports did not contain any material which discriminated against or denigrated any section of the community, or which could be said to be unfair to members of the British Royal Family. The items also did not discuss a controversial issue of public importance which triggered the requirement for balancing perspectives to be given, and did not raise accuracy or programme information issues....

The Authority has not upheld a complaint about an interview conducted with then-Minister of Health, Dr David Clark, on his breaches of the COVID-19 Alert Level 4 ‘lockdown rules’. The complainant argued that the interview amounted to harassment and bullying, and breached the fairness standard. The Authority found that the robust questioning was within the scope of what could be expected of a public figure being interviewed on a matter of significant public interest, particularly given the expectation as to how politicians will be treated by the media. Not Upheld: Fairness...

The Authority has declined to determine a complaint about a news item on RNZ National. The item included a brief comment of Israeli Prime Minister Benjamin Netanyahu from his first televised address following the deaths of key Hamas leaders which the complainant alleges was in breach of multiple standards. The Authority declined to determine the complaint finding it relates to a matter of editorial discretion/personal preference and identified no harm sufficient to outweigh the right to freedom of expression. Declined to Determine under s 11(b) of the Broadcasting Act 1989: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance and Fairness...

Summary[This summary does not form part of the decision. ]In an item on Story, an actor approached four different real estate agencies (Ray White, LJ Hooker, Barfoot & Thompson and Harcourts) and asked agents to sell him properties for investment prior to auction and at a lower price, which it was alleged would be in breach of the industry code. The Authority did not uphold a complaint that one of the Story presenters had a conflict of interest because of her family connections to Barfoot & Thompson, which resulted in a breach of standards. The Authority is not in a position to determine whether such a conflict existed, but in any case, the alleged conflict did not manifest as a breach of the broadcasting standards nominated....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] An item on ONE News reported on concerns around a government-funded survey of health professionals and their views on voluntary euthanasia. It said that the survey was run by researchers who support assisted dying, and that it was alleged that the research was biased and flawed. The Authority did not uphold a complaint alleging that the item was unfair to the researchers involved and to the university through which the research was run, as well as inaccurate and unbalanced. Comment was sought from the university and the researchers, whose position was presented in the university’s response and fairly reported in the item....

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....