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Decisions
Engleby and Discovery NZ Ltd - 2021-118 (1 December 2021)
2021-118

The Authority has not upheld a complaint that a clip of members of Action Zealandia shown in the documentary Patrick Gower: On Hate breached the fairness standard. The clip, approximately four seconds long, showed several unidentifiable members walking with a flag bearing Action Zealandia’s symbol. The complainant alleged that the broadcast unfairly associated the group with terrorism, and that Action Zealandia should have been given the opportunity to comment. The Authority considered the group’s participation was minor in the context of the broadcast. The broadcaster was therefore not required to inform Action Zealandia that the clip would be featured. It further found that the broadcaster was not obliged to give Action Zealandia an opportunity to comment as part of the documentary. Not Upheld: Fairness...

Decisions
Bell and Radio New Zealand Ltd - 2023-016 (30 May 2023)
2023-016

The Authority has not upheld a complaint an interview on Saturday Morning, where the host misgendered and ‘deadnamed’ the interviewee, breached the discrimination and denigration standard. While the Authority acknowledged the potential harm in the host’s words, it found the words were directed at the interviewee as an individual, not a section of society as required by the standard. The Authority, in implying the fairness standard, did not consider listeners would have been left with a negative impression of the interviewee. The potential harm therefore did not reach the threshold justifying regulatory intervention.    Not Upheld: Discrimination and Denigration, Fairness...

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
Peapell and Television New Zealand Ltd - 2007-103
2007-103

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item revisited a previous report that was critical of a real estate contract between Ms K and the National Property Centre – revisited a number of issues from the original item including the actions of the agent involved in drawing up the contract, some of the contract’s terms and conditions, another contract between related parties for renovation work and two caveats that had been placed on the property – item allegedly in breach of privacy, balance, accuracy and fairness standards Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify how the item was inaccurate – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond – not upheld This headnote does not form part of the decision....

Decisions
Watson and The Radio Network Ltd - 2004-181
2004-181

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Classic Hits Breakfast – comment about complainant – allegedly unfairFindings Principle 5 (fairness) – not unfair in context of complainant’s public profile, fleeting comment – not likely listeners would have taken comment literally/seriously – not upheld This headnote does not form part of the decision. Broadcast [1] During Classic Hits Breakfast, broadcast on Classic Hits (Nelson) on the morning of 27 September 2004, presenter Kent Robertson commented on the death of Radio Fifeshire founder, Kevin Ihaia. During this commentary, he stated: And I must admit I got a little bit sad and reminiscent about it at one stage and I thought how unfair it is that at 50 Kevin should die and yet Gary Watson lives. Complaint [2] Gary Watson complained about the presenter’s comment....

Decisions
Millward and Television New Zealand Ltd - 2021-163 (2 March 2022)
2021-163

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Business Innovation Group and Television New Zealand Ltd - 1994-007
1994-007

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 7/94 Dated the 21st day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BUSINESS INNOVATION GROUP of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Minister of Housing (Hon Murray McCully) and TV3 Network Services Ltd - 1995-043
1995-043

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Archer and Television New Zealand Ltd - 1997-006
1997-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-006 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by N E ARCHER of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hooker, Davey and Jones and Television New Zealand Ltd - 2001-220, 2001-221, 2001-222
2001-220–222

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
McLean, Hardy, Bennett and Henry, and Pacific Coast FM - 2007-098
2007-098

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Decisions
Weir and TV3 Network Services Ltd - 2001-032
2001-032

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Decisions
Chippindale and Television New Zealand Ltd - 2003-172
2003-172

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

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
Panoho and Radio New Zealand Ltd - 1994-017
1994-017

SummaryA news item broadcast in Maori on the National Programme at 6. 08am on 15 July 1993referred to the controversy which ensued after an essay about the appropriation of Maorisymbolism by Pakeha artists was published in the catalogue to an art exhibition in Sydney. Mr Panoho, whose essay was the source of the controversy, complained to Radio NewZealand Ltd that the broadcast failed to convey his views accurately and that it did notdeal fairly with him because it attributed to him views that were contradictory to hispublished opinions. In response, RNZ reported that the material in the news item had originated from apublished article it had examined which commented on Mr Panoho's essay. It believedthat the article's interpretation of Mr Panoho's views was accurate and considered thatbecause the broadcast was a factual report of publicly expressed opinions there was nobreach of broadcasting standards. It declined to uphold the complaint....

Decisions
Madigan and The RadioWorks Ltd - 2002-054
2002-054

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Aranyi & Others and Television New Zealand Ltd - 2015-036
2015-036

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

Decisions
Foggo and Television New Zealand Ltd - 2016-030 (25 July 2016)
2016-030

Summary[This summary does not form part of the decision. ]A ONE News item discussed two changes proposed as part of a review of Child Youth and Family Services (CYFS): first, dealing with 17-year-old offenders within the youth justice system rather than the adult justice system; and second, lifting the age that people can remain in CYFS care. The Authority did not uphold a complaint that footage of young skateboarders and riders shown during the item implicitly associated them with youth crime, which was unfair. The skateboarders and riders did not take part and were not referred to during the item at a level that triggered the fairness standard. The footage simply associated them with typical activities for people their age and was in the nature of visual wallpaper. It did not associate young skateboarders and riders with youth crime....

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