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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-158 Decision No: 1996-159 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R DALE of Nelson Broadcaster FIFESHIRE FM BROADCASTERS LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-049 Decision No: 1997-050 Dated the 21st day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CAPITAL COAST HEALTH (2) Broadcasters RADIO NEW ZEALAND LIMITED and THE RADIO NETWORK LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday – item on the sentencing of Millie Elder for drug offences – referred to her as the adopted daughter of Paul Holmes – allegedly unfair Findings Standard 6 (fairness) – the word “adopted” was not used in a pejorative way – statement was true – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News: Midday, broadcast on TV One at 12pm on Monday 31 March 2008, reported on the sentencing of Millie Elder on drug offences. At the beginning of the item, the presenter said: The adopted daughter of broadcaster Paul Holmes, Millie Elder, will be sentenced in the Auckland District Court today on a range of drug charges. Paul Holmes arrived at court to support his daughter, as did her mother, Hine Elder....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

ComplaintNine to Noon – interview with Daniel Goldhagen author of book which suggested Catholic responsibility for the Holocaust – called for annotations to the New Testament – unbalanced – unfair FindingsPrinciple 4 and Principle 5 – author’s opinions challenged by interviewer – discrimination not encouraged – no uphold This headnote does not form part of the decision. Summary [1] Daniel Goldhagen, the author of a book which alleged Catholic complicity in the persecution of Jews during the Second World War, was interviewed on Nine to Noon. This programme is broadcast on National Radio between 9. 00am–12 noon each weekday. Mr Goldhagen called for annotations to the New Testament to mitigate the effect of those passages which he said were offensive to Jews. [2] Colin Wilson complained to Radio New Zealand Ltd, the broadcaster, that the item was unfair and unbalanced....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

Download a PDF of Decision No. 1993-027–028:Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028717. 05 KB...

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

Summary[This summary does not form part of the decision. ]The Authority declined to uphold a complaint that Radio New Zealand's Sunday Morning coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. The broadcast covered a range of topics including Dirty Politics, and as the book was one of the political 'hot topics' in the lead-up to the 2014 general election and widely reported on, listeners could reasonably be expected to be aware of other views. Not Upheld: Controversial Issues, Fairness, Responsible ProgrammingIntroduction[1] Stephen Lace complained that Radio New Zealand's Sunday Morning programme on 24 August 2014, and specifically the coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. He referred to a 'left wing bias' and a lack of serious analysis and discussion of proposed policy....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An item on ONE News covered ‘the Foreign Minister’s controversial payment of $11. 5 million towards businessman Hmood Al-Ali Al-Khalaf’s Saudi farm’. It reported that Minister Murray McCully had ‘struck the deal to avoid a $30 million legal threat’, but then denied that there had been a legal threat. The Authority did not uphold a complaint that the item was inaccurate and unfair to the Minister by failing to distinguish between Mr Al-Khalaf merely assessing his legal position and actually threatening legal action, and consequently misrepresenting the Minister’s position. The issue arose through the use of ambiguous language, both by the broadcaster and by the Minister, and did not justify the Authority upholding a breach of standards....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed....

The Authority has not upheld a complaint that an interview with a woman concerning her removal from an anti-co-governance meeting on Morning Report breached the balance, fairness and accuracy standards. The complainant alleged the broadcaster should have included balancing comment from, or interviewed Julian Batchelor (the speaker at the event concerned). The Authority found the interview did not require balancing comment as it did not ‘discuss’ the issue of co-governance, and did not treat Batchelor unfairly. The woman’s removal alone did not constitute a controversial issue of public importance. The accuracy standard did not apply as the complainant did not allege any statements were misleading. Not Upheld: Balance, Accuracy, Fairness...