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Decisions
Drinnan and MediaWorks TV Ltd - 2020-100 (14 September 2020)
2020-100

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

Decisions
Holland and MediaWorks TV Ltd - 2017-048 (9 August 2017)
2017-048

Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....

Decisions
Edwards and Mediaworks TV Ltd - 2017-085 (2 November 2017)
2017-085

Summary [This summary does not form part of the decision. ] A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting....

Decisions
Miller and MediaWorks TV Ltd - 2017-089 (15 December 2017)
2017-089

Summary[This summary does not form part of the decision. ]A segment on Newshub during the election period featured a political reporter discussing the potential factors behind the Labour Party’s drop in the Newshub election poll. During the segment the reporter stated that the National Party’s claim that Labour would increase income tax if elected was a ‘lie’. The Authority did not uphold a complaint that this comment was unfair and biased. The Authority emphasised that it is an important function of the media to comment critically on party policies and actions and that this type of speech has high value in terms of the right to freedom of expression, particularly during election time. Political parties should expect to be subject to robust criticism and the Authority was satisfied the political reporter’s comment did not go beyond what could be expected during the election period....

Decisions
Goodchild and SKY Network Television Ltd - 2018-067 (10 October 2018)
2018-067

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of children’s cartoon Shimmer and Shine breached broadcasting standards by promoting gambling to children. The episode focused on the main character’s quest to win tickets in an arcade with the help of her genies so she could get the prize she wanted. The Authority acknowledged there are similarities between arcade games and casinos and acknowledged the complainant’s concerns about the episode in this respect. However the young target audience were unlikely to make that connection, reducing the likelihood of real harm being caused by the programme. The Authority therefore found any restriction on the right to freedom of expression would be unjustified....

Decisions
Hummelstad and MediaWorks TV Ltd - 2018-077 (14 November 2018)
2018-077

Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

Decisions
Hurley and Radio New Zealand Ltd - 2019-043 (10 October 2019)
2019-043

The Authority did not uphold a complaint that an item on Insight that investigated the history and current state of far-right, alt-right and nationalist ideologies breached broadcasting standards. The Authority found the broadcast was balanced as it contained a range of significant perspectives. The Authority also found people who hold these ideologies do not amount to an ‘organisation’ for the purposes of the fairness standard and therefore that the fairness standard does not apply. Not Upheld: Balance, Fairness...

Decisions
Stewart and Television New Zealand Ltd - 2018-031 (18 June 2018)
2018-031

Summary[This summary does not form part of the decision. ]A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu. Brief footage from US President Donald Trump’s meeting with Prime Minister Netanyahu in May 2017 was shown at the end of the item. The Authority did not uphold a complaint that the use of this footage created an unduly negative impression of President Trump and implied he was involved in the corruption, which was unfair. The Authority found the use of the footage in no way implicated President Trump in the alleged corruption. The footage was brief and President Trump was not referred to verbally. Not Upheld: Fairness  Introduction[1] A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu....

Decisions
MB and Radio New Zealand Ltd - 1995-099, 1995-100
1995-099–100

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Archer and Television New Zealand Ltd - 1997-006
1997-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-006 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by N E ARCHER of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Southland Fuel Injection Ltd and Television New Zealand Ltd - 1994-091
1994-091

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Smith and Sammut-Smith and Television New Zealand Ltd - 1997-105
1997-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-105 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MELANIE SMITH and TERESA SAMMUT-SMITH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Voters' Voice Binding Referendum Inc and Television New Zealand Ltd - 1994-016
1994-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Tobin and Māori Television - 2009-156
2009-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Native Affairs – item discussed the findings of a 2009 Education Review Office report on a Māori immersion school called Te Kura Kaupapa Māori o Hoani Waititi – reporter made statements about operation of the school and teachers’ resignations – included footage of a previous interview with the Chair of the school’s Board of Trustees and interviews with a representative from the national body that represents Te Kura Kaupapa Māori and a past principal of the school – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item accurate in relation to the points raised by the complainant – not upheld Standard 6 (fairness) – complainant and the Kura’s Board given adequate opportunity to respond – item dealt…...

Decisions
Wilson and Radio New Zealand Ltd - 2003-090
2003-090

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....

Decisions
Anton and CanWest RadioWorks Ltd - 2005-069
2005-069

Complaint under section 8(1)(a) of the Broadcasting Act 1989More FM Dunedin – complainant live on-air as winner of two movie tickets – said she was studying – host allegedly said “and to think three years ago you were sitting on your arse doing nothing going nowhere” – allegedly unfair and breach of privacyFindingsPrinciple 3 (privacy) – no private facts disclosed – no intrusion – not upheldPrinciple 5 (fairness) – comment intended as compliment – apology offered in view of misunderstanding appropriate – not upheldThis headnote does not form part of the decision. Broadcast[1] The complainant was a caller to More FM Dunedin as the winner of two movie tickets. She was put on air by the host and, in response to a question, she said that she was studying....

Decisions
Williams and Television New Zealand Ltd - 2009-057
2009-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Ranfurly Village Hospital Limited and MediaWorks TV Ltd - 2014-034
2014-034

Summary [This summary does not form part of the decision. ] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital, relating to an incident in which a resident, Q, was found lying on the driveway after falling from his power chair. The Authority upheld one aspect of the accuracy complaint in relation to another incident involving a resident, F, and upheld the complaint that the items were unfair to Q, and to Ranfurly. The Authority did not uphold the complaint that the residents' privacy was breached. The Authority did not make any order as only limited aspects were upheld. Upheld: Accuracy, Fairness Not Upheld: Privacy No Order Introduction [1] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital (Ranfurly)....

Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Decisions
Weir and TV3 Network Services Ltd - 2001-032
2001-032

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

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