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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-82 Decision No: 1996-83 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by HEALTHLINK SOUTH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made statements regarding the death of convicted murderer Antonie Dixon – allegedly in breach of good taste and decency and fairness standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – Mr Dixon’s family did not take part in the item and were not referred to – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Breakfast, broadcast on TV One at 8. 42am on Thursday 5 February 2009, the programme’s presenters reported that convicted murderer Antonie Dixon had died in jail. The following exchange took place between the presenters: Host 1: Now in news just to hand, we can confirm that Antonie Dixon is the prisoner who has died at Paremoremo Prison....

ComplaintTarget – description of house cleaner as tradesperson – denigration of tradespeople – inaccurate – unfair – unbalanced – offensive Findings (1) Standard G1 – no inaccuracy – no uphold (2) Standard G2 – no uphold (3) Standard G4 – no unfairness – no uphold (4) Standard G13 – no denigration or discrimination – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 at 7. 00pm on 14 May 2000 featured footage of employees of four Hamilton house cleaning services who had been secretly filmed as part of a hidden camera trial. One of the male cleaners had been filmed engaging in improper sexual behaviour....

Summary[This summary does not form part of the decision. ]Saturday Morning featured a segment in which presenter Kim Hill interviewed former MP and spokesperson for lobby group Hobson’s Pledge, Dr Don Brash, about the use of te reo Māori in New Zealand, specifically in RNZ broadcasting, without translation. The Authority did not uphold a complaint that the interview was unbalanced and unfair. The Authority found that, while Ms Hill asked Dr Brash challenging and critical questions, Dr Brash had a reasonable opportunity to put forward his competing point of view, and listeners would not have been left misinformed with regard to Dr Brash’s position. Given the level of public interest in the interview, Dr Brash’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Dr Brash being treated unfairly....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

Te Raumawhitu Kupenga 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 covered ‘the Foreign Minister’s controversial payment of $11. 5 million towards businessman Hmood Al-Ali Al-Khalaf’s Saudi farm’. It reported that Minister Murray McCully had ‘struck the deal to avoid a $30 million legal threat’, but then denied that there had been a legal threat. The Authority did not uphold a complaint that the item was inaccurate and unfair to the Minister by failing to distinguish between Mr Al-Khalaf merely assessing his legal position and actually threatening legal action, and consequently misrepresenting the Minister’s position. The issue arose through the use of ambiguous language, both by the broadcaster and by the Minister, and did not justify the Authority upholding a breach of standards....

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

The Authority has not upheld a complaint that a Midday Report item regarding a boost in Kiwisaver funds breached the accuracy and fairness standards. The complainant argued the item was misleading, for not disclosing that the organisation which produced the relevant survey findings does not survey all Kiwisaver providers, and was unfair to Kiwisaver providers who were not surveyed. The Authority found the item would not have misled listeners and that the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-079 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JENNY HALE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-177 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DON BORRIE of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION 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 about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

Summary An item on the Larry Williams Programme focussed on the resignation from the Alliance Party of Mr Frank Grover MP. The item included interviews with Mr Jim Anderton, the leader of the Alliance Party, and with Mr Grover. It was broadcast on Newstalk ZB on 11 June 1999, commencing at about 6. 15 pm. Both John Bryant, the Executive Director of the Christian Heritage Party, and Adam Claasen of Christchurch complained to The Radio Network Limited, the broadcaster, that the item was untruthful, unfair, deceptive and unbalanced. Mr Grover had agreed to the interview on the basis that Mr Anderton was not "on the call at the same time", they wrote, but by including Mr Anderton in the interview, the host had breached that agreement....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....