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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Zindagi Forever – programme featured stage-set musical performance – song lyrics made references to God – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – standards not applicable as not a news, current affairs or factual programme – programme wholly opinion-based and explored religious beliefs – not upheld Standard 6 (fairness) – Hinduism a religious tradition and not an individual or organisation to which the standard applies – not upheld This headnote does not form part of the decision. Introduction [1] Zindagi Forever, a religious programme, was broadcast on Triangle TV on 17 September 2011. The programme featured a stage-set musical performance in which the song lyrics (in Hindi with English subtitles) made various references to God....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

Download a PDF of Decision No. 1993-065:The Warehouse Ltd and Television New Zealand Ltd - 1993-065 PDF467. 48 KB...

Download a PDF of Decision No. 1990-026–027:New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027 PDF3. 73 MB...

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TERRY TARRANT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

The Authority has not upheld a complaint about two Breakfast interviews discussing the Government’s decision to reduce New Zealand’s methane emissions target – first with the Executive Director of Lawyers for Climate Action, then 45 minutes later with New Zealand Prime Minister Rt Hon Christopher Luxon. The complaint was that the interview approaches varied between the two interviewees, creating an ‘unfairness and imbalance’ for viewers. The Authority found no breach of the balance standard as significant perspectives were presented within the broadcast and both interviewees had ample opportunity to explain their positions. Further, the style and type of questions raised in each interview were a matter of editorial discretion for the broadcaster. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Summary[This summary does not form part of the decision. ]An item on Morning Report reported that, over the past ten years, reported firearm theft has increased by 35%, and through the comments of three interviewees considered whether the increase of firearm theft is related to issues around their safe storage and registration. The Authority did not uphold a complaint that the item breached standards of balance and fairness. The Authority found the item provided sufficient balance through multiple alternative points of view that enabled listeners to form their own opinion on the topic. The fairness standard cannot be applied to licenced firearm owners as they are not an ‘organisation’ for the purposes of the standard. Not Upheld: Balance, Fairness The broadcast[1] An item on RNZ’s Morning Report reported that:’Almost 3,300 firearms have been stolen over the past five years – a 35% percent increase on the five years before....

ComplaintCoronation Street – two episodes included domestic discord – males struck by females – unnecessary violence – gender discrimination Findings Standard 6 and Guideline 6g – characters treated unequally in fictional series – standard not applicable – not upheld Standard 10 – violence displayed appropriate to dramatic storylines – not upheldThis headnote does not form part of the decision Summary [1] Domestic incidents showing physical abuse of men by their women partners were included in episodes of Coronation Street broadcast on TV One at 7. 30pm on 25 September and 7 October 2003. [2] Edwin Stranaghan complained to Television New Zealand Ltd, the broadcaster, that each incident involved unnecessary violence and gender discrimination. He contended that it was discrimination to show women assaulting men, when it was unacceptable to show men assaulting women. He also argued that the programme should be broadcast later in the evening....