Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-154 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintHolmes (2 Items) – (1) unfair – unbalanced; (2) denigrated women firefighters Findings(1) G4 – guests treated fairly – no uphold G6 – balance provided by presenter – no uphold (2) G13 – intended to be light-hearted – no uphold This headnote does not form part of the decision. Summary The question of whether taxpayers’ money should be spent on sport was discussed in an item on Holmes broadcast on TV One on 14 April 2000 between 7. 00–7. 30pm. The discussion arose in the context of the release of a report from the Hillary Commission calling for more government funding for sport. The guests were a representative from the Hillary Commission and the Minister of Sport. A second item, broadcast on Holmes on 18 April, featured archival footage of an all-woman volunteer fire service in Northland....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item reported on deaths of two people involved in a police pursuit – stated that 10 people in 2010 had died “as a result of patrol car pursuits” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not state that police were responsible for the deaths – viewers would have understood the meaning of the reporter’s statement – not inaccurate or misleading – not upheld Standard 6 (fairness) – item was straightforward news report – no judgement was made about the actions of the police involved in the pursuits – not unfair to the police – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Real Crime: Broken Promises, Broken Brides – investigated the mistreatment of foreign brides in New Zealand – profiled a Malaysian woman who died of a methadone overdose – interviewed her husband who was convicted of her manslaughter – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – programme did not create a misleading impression that the complainant intended to murder his wife – reporter outlined the facts of the case and clearly stated the complainant was convicted of manslaughter – complainant’s perspective was included in the programme – programme was accurate and would not have misled viewers – not upheld Standard 6 (fairness) – complainant was provided with a sufficient opportunity to give his perspective in two interviews – interviews were not unfairly edited – overall complainant was treated fairly – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, 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) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

ComplaintNewstalk ZB – host Larry Williams – guest Michael Laws – New York terrorist attack – President Bush's actions described as pathetic – ignorant and offensive comments FindingsPrinciple 7 – nominated by broadcaster – inappropriate Principle 5 – correct standard – comments not unfair in context – no uphold This headnote does not form part of the decision. Summary [1] The terrorist attack in New York City on 11 September 2001 was the topic discussed on Newstalk ZB between host Larry Williams and commentator Michael Laws at about 6. 20pm on 14 September 2001. During the discussion, Mr Laws described President George Bush’s actions as "pathetic". [2] Murray McEwan complained to The Radio Network Ltd, the broadcaster, that Mr Laws’ comments were "appallingly" ignorant and offensive. He deplored the host’s response who had allowed the guest’s remarks to go unchallenged....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show, Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint a segment on Paddy Gower Has Issues breached the accuracy, balance and fairness standards of the Code of Broadcasting Standards in New Zealand. The segment included Gower stating he had ‘no issues’ with genetically modified corn, and that the effective ban on GE should be removed. The Authority did not uphold the complaint, finding the statements amounted to Gower’s opinion and that the alleged inaccuracy was not materially misleading and would not have impacted the audience’s understanding of the broadcast as a whole. The Authority also found under balance that the segment was clearly intended to provide a particular perspective (Gower’s) on the topic....

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint under the discrimination and denigration, and fairness standards about an interviewee saying, on Midday Report, Foreign Affairs Minister Rt Hon Winston Peters was ‘touching himself instead of doing a real job of caring for New Zealanders in difficulty’. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority found the brief comment would not have left listeners with an unfairly negative impression of Peters. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...