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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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

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)....

SummaryEmergency Heroes is a series which features the police and other emergency services responding to actual incidents. The response by a police patrol to a threat from a woman to commit suicide by jumping from a building was dealt with during an item in an episode broadcast on TV3 at 7. 30pm on Tuesday 16 February 1999. Mr R complained to TV3 Network Services Ltd, the broadcaster, that the broadcast breached a number of broadcasting standards and intruded on the privacy of both the woman and her family. Pointing out that he was the woman’s former husband and father of her three children, he said that she was easily identifiable to acquaintances because of her voice which was heard in the item, and her clothing. A 15 year old son who had seen the programme, he added, now needed ongoing counselling....

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/95 Decision No: 20/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KINGS COLLEGE of Auckland and its headmaster JOHN TAYLOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....

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....

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Summary[This summary does not form part of the decision. ] Saturday Morning featured an interview with a filmmaker about his recent documentary Going Clear about the Church of Scientology. The Authority did not uphold a complaint that the interview was unbalanced, unfair and biased against the Church. The focus of the interview was the filmmaker's perspective and his experience making the film; it did not discuss a controversial issue of public importance which required a balancing viewpoint to be presented. The nature of the programme was such that the broadcaster was not required in the interests of fairness to inform the Church prior to broadcast or invite its comment in response....

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint was the segment breached the balance, accuracy and fairness standards as the report incorrectly stated the vaccine was safe for people that are pregnant or breastfeeding. The Authority found the relevant statements were materially accurate. In any event, it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In dismissing material relied upon by the complainant to challenge the vaccine’s safety, the Authority also cautioned against the risk of contributing to misinformation by drawing conclusions from extracts of information without an understanding of the context. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...