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Decisions
Butler and Māori Television Service - 2014-091
2014-091

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Decisions
Both and MediaWorks TV Ltd - 2015-068 (1 December 2015)
2015-068

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

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
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...

Decisions
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

Decisions
Rohrbeck and Discovery NZ Ltd - 2022-092 (5 October 2022)
2022-092

The Authority has not upheld a complaint regarding an item on The Project discussing whether nurses who were not vaccinated against COVID-19 should return to the workforce given staff shortages. The complainant stated the broadcast breached the offensive and disturbing content standard, as well as other standards, as it encouraged division in Aotearoa New Zealand and the presenters’ comments were ‘uncalled for and unfair’. The Authority found the comments reflected the presenters’ opinions and were unlikely to cause widespread disproportionate offence or distress or otherwise undermine widely shared community standards. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Casley & Stewart and Television New Zealand Ltd - 2023-075 (29 November 2023)
2023-075

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
Penny and Radio New Zealand Ltd - 2024-006 (20 March 2024)
2024-006

The Authority has declined to determine a complaint about a news bulletin on RNZ Concert which reported on Māori and Pasifika honoured in the 2024 New Year Honours list. The complainant alleged that only referring to Māori and Pasifika honourees was ‘reverse racism’. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could be properly determined by its complaints process. Declined to determine (section 11(b) in all the circumstances): Discrimination and Denigration, Fairness...

Decisions
Baker and Radio New Zealand Ltd - 2024-054 (14 October 2024)
2024-054

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....

Decisions
Singh and Radio Virsa - 2020-124 (13 May 2021)
2020-124

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

Decisions
Wakeman and Television New Zealand Ltd - 2024-009 (7 May 2024)
2024-009

The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Powell and Television New Zealand Ltd - 2024-062 (12 November 2024)
2024-062

The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged? ’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines....

Decisions
Mabey and Television New Zealand Ltd - 1995-063
1995-063

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 63/95 Dated the 20th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY MABEY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser...

Decisions
Shields and Fulham and TV3 Network Services Ltd - 2000-106, 2000-107
2000-106–107

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....

Decisions
An Ying Group Ltd and Television New Zealand Ltd - 2006-089
2006-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

Decisions
E and Soundwave FM - 1998-021, 1998-022
1998-021–022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Grieve and TV Works Ltd - 2009-002
2009-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item broadcast secret recording of comments made by National Party deputy leader Bill English – allegedly unfair Findings Standard 6 (fairness) – broadcast of anonymously supplied tape inherently unfair – however, Mr English had opportunity to comment, John Key provided comment, and 3 News informed viewers of circumstances surrounding the tape – degree of public interest leading up to election – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 4 November 2008, reported that 3 News had been sent a secret recording of comments made by the deputy leader of the National Party, Bill English, at a cocktail party during National's August 2008 conference. The 3 News presenter said, The recording is clearly designed to derail John Key’s election campaign ....

Decisions
JS and TVWorks Ltd - 2011-122
2011-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...

Decisions
Bucknell and Television New Zealand Ltd - 2004-042
2004-042

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Father Ted – alleged crude humour – alleged disgraceful portrayal of Christian leadersFindings Standard 6 (fairness) – Guideline 6g – Father Ted does not encourage denigration of or discrimination against Roman Catholic priests – legitimate work of humour – not upheld This headnote does not form part of the decision. Broadcast [1] Father Ted is a long running British comedy series. A repeat of episodes from the second series screened on TV One on Saturday evenings in November 2003 at 7. 30pm. Television New Zealand Ltd described Father Ted as a series which “makes fun of human foibles through the adventures of a small group of Roman Catholic priests assigned to a remote, fictional island off the coast of Ireland. ” The complainant watched the episodes broadcast on 22 and 29 November....

Decisions
McGuckian and The Radio Network Ltd - 2014-088
2014-088

Summary [This summary does not form part of the decision. ]A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The Authority did not uphold the complaint that the number of victims cited was inaccurate. The broadcaster made reasonable efforts to ensure the item’s accuracy by obtaining the figure from a United Nations report. Not Upheld: Accuracy, FairnessIntroduction[1] A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The newsreader said the meeting was ‘a gesture aimed at expressing [the Pope’s] closeness to the tens of thousands of people abused by priests around the world’. The report was broadcast on Newstalk ZB on 5 July 2014....

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