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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(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – two items about the disappearance of a six-year-old boy who had allegedly been kidnapped by his maternal grandfather – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – items did not discuss a controversial issue of public importance – balance standard does not apply – not upheld Standard 5 (accuracy) – no inaccuracies in either item – not upheld Standard 6 (fairness) – 5 December broadcast not unfair to mother of six-year-old boy – complainant did not specify any person in the 20 December broadcast who was treated unfairly – not upheld This headnote does not form part of the decision....
SummaryA Fair Go item broadcast on TV One on 5 August 1998 dealt with the attempt by a motor vehicle dealer to repossess a couple’s car. It was reported that the owner of the company had been fined by the Motor Vehicle Dealers Institute for misconduct. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that the broadcast was unfair, unbalanced and impartial because it was the company, and not the individual, which had been fined. In its response, TVNZ pointed out that Mr Radisich, as Chief Executive, was responsible for the company’s business and it did not consider that the item had been unfair to name him. It advised that it was unable to find any aspect which lacked balance or impartiality and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Radisich’s solicitor referred the complaint to the Broadcasting Standards Authority under s....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with South African Rugby Union President about the possibility of a rugby game between the New Zealand Māori team and the South African team – allegedly in breach of fairness Findings Standard 6 (fairness) – interviewee had sufficient opportunity to respond and clearly expressed his views – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] During Morning Report, broadcast on Radio New Zealand National between 6am and 9am on 20 February 2009, the host spent approximately six minutes interviewing the President of the South African Rugby Union. They discussed the possibility of revising the Union’s rules against playing racially selected sports teams, to allow a rugby game between the New Zealand Māori team and the South African team. The interviewee expressed the following views on the subject: . ....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....
Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....
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....
An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Martin Crump Late Night Live – stand-in host encouraged running over possums – complainant phoned the show and disagreed with the host – allegedly in breach of good taste and decency, law and order, and fairness standards FindingsStandard 1 (good taste and decency) – talkback is a robust forum – host’s comments were “tongue-in-cheek” and not intended to be taken seriously – contextual factors – not upheld Standard 2 (law and order) – not Authority’s role to determine whether deliberately running over possums is a crime – two callers gave the view that it was irresponsible – host discouraged dangerous driving – broadcast did not encourage listeners to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant was allowed more than two minutes to air his views – callers who disagree with a talkback host’s…...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – contained repeated footage of girls fighting – item was not preceded by a warning – parents and students interviewed expressed dissatisfaction at how the school had handled the incident – allegedly in breach of standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence FindingsStandard 3 (privacy) – students shown in the footage were not identifiable beyond those who would have already known about the altercation – not upheld Standard 6 (fairness) – item did not present itself as a follow-up to the previous story on bullying and was not unfair to X, his parents or Massey in this respect – impression created about fighting and bullying at Massey was not the result of unfairness but stemmed from the facts of the incident and the response of students and parents…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item contained graphic of sign “For Sale, NZ SOEs” – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – graphic displayed in the introduction was not a “material point of fact” – given the extensive coverage on the Government’s proposed partial asset sales, viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs). A graphic of a sign saying, “For sale, NZ SOEs” was displayed behind the newsreader during the 18-second introduction to the item. The item was broadcast on TV One on 10 July 2012....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....
Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....
Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....
Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....