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Decisions
Taimoori and 5TUNZ Communications Ltd - 2019-019 (23 August 2019)
2019-019

The Authority has upheld a complaint about two broadcasts on Humm FM, finding that the complainant was treated unfairly. The Authority found that comments made by the host during the broadcasts were likely to reflect negatively on the complainant and to impact on his personal and professional reputation. As the complainant was adversely affected, he should have been given an opportunity under the fairness standard to respond to the comments made about him. The Authority emphasised that the right to broadcast carries with it privileges and responsibilities, and in this case the host used his platform to air his personal grievances against the complainant without giving him an opportunity to comment, which was unfair....

Decisions
J and The Radioworks Ltd - 1999-024, 1999-025
1999-024–025

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

Decisions
Hammond and 89FM Gisborne - 1996-061
1996-061

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-061 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW HAMMOND of Gisborne Broadcaster 89FM GISBORNE J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Richards and Television New Zealand Ltd - 2008-052
2008-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Greally and Television New Zealand Ltd - 2007-011
2007-011

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement broadcast about a complaint upheld by the Authority – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statement was an accurate representation of the Authority's decision – not upheld Standard 6 (fairness) – nothing unfair to Mr Greally in the statement – not upheld This headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd was ordered to broadcast a statement after a complaint had been upheld by the Broadcasting Standards Authority. Decision No: 2006-020 related to a complaint by Elizabeth Dunning about a One News item screened on 3 February 2006. The statement required by the Authority was broadcast on TV One during One News at approximately 6pm on 22 November 2006....

Decisions
Curran and Television New Zealand Ltd - 1998-099, 1998-100, 1998-101, 1998-102
1998-099–102

Summary The historic peace agreement in Ireland was the subject of news items on One Network News on 10 and 11 April 1998 between 6. 00–6. 30pm. Mr Curran complained to Television New Zealand Ltd, the broadcaster, that its coverage was selective and biased and failed to acknowledge the role at the peace talks of both Prime Minister Bertie Ahern and John Hume, the leader of the Catholic Social Democratic and Labour Party. He argued that other media, including the BBC and local newspapers, gave a fair and accurate coverage of the peace accord. Mr Curran requested that his complaint be dealt with by way of a formal hearing. News reports on One Network News on 20 and 23 May 1998 referred to the forthcoming referendum on the peace agreement....

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

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
Miller and Smith and Television New Zealand Ltd - 1997-123, 1997-124
1997-123–124

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Lowe and Television New Zealand Ltd - 1996-034
1996-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-034 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Banbury and Curley and TV3 Network Services Ltd - 1999-060, 1999-061
1999-060–061

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

Decisions
Milnes and TVWorks Ltd - 2010-025
2010-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fast Times at Ridgemont High – female movie characters shown practising on carrots how to perform oral sex – allegedly in breach of good taste and decency, children’s interests and fairness FindingsStandard 9 (children’s interests) – no explicit sexual activity was shown – movie was AO and broadcast outside of children’s viewing times – warning for sexual material allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Fast Times at Ridgemont High was broadcast on C4 at 8. 30pm on Wednesday 9 December 2009. At approximately 8. 42pm, two teenage female characters in the movie were shown eating in a high school cafeteria....

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
Simmons and 5 Others and CanWest RadioWorks Ltd - 2004-193
2004-193

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Decisions
Kingdom Residential Housing Ltd and The Radio Network Ltd - 2003-004
2003-004

Complaint Newstalk ZB – Discussion about leaky building syndrome – caller "Graham" referred to two leaking problems with his new home in Newlands – complainant developer in Newlands – only one leaky building problem – "Graham" an employee of TRN – unfair Findings Principle 5 – complainant neither identified nor identifiable – not referred to – no uphold This headnote does not form part of the decision. Summary [1] The leaky building syndrome was one of the topics discussed on Newstalk ZB broadcast in Wellington on the morning of 18 September 2002. A caller "Graham" described leaky building problems with his bathroom and his deck in his new home in a development in the Wellington suburb of Newlands. [2] Kingdom Residential Housing Ltd, through its solicitors, complained to The Radio Network Ltd, the broadcaster, that the item was unfair....

Decisions
Wells and The Radio Network Ltd - 2001-022
2001-022

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Beckett, Cox and Warren and TVWorks Ltd - 2011-047
2011-047

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order 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
Dobson & Erickson and Television New Zealand Ltd - 2022-121 (27 February 2023)
2022-121

The Authority has not upheld complaints under the accuracy, balance, and fairness standards regarding an item on 1 News reporting on the global economy. The item referred to the National Party’s tax policy and included comments from both the Leader of the Opposition Christopher Luxon MP and Rt Hon Jacinda Ardern. The complainants considered the report’s editing of comments misled the audience to ‘think that PM Jacinda Ardern thinks financial discipline is not right nor good for New Zealand’. The Authority did not consider a reasonable viewer would be left with this impression. The balance and fairness standards were not breached. Not upheld: Accuracy, Balance, Fairness...

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