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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-041 Decision No: 1998-042 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MATERNITY SERVICES CONSUMER COUNCIL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 102/95 Decision No: 103/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MEDIAWOMEN of Wellington and LINDA McDOUGALL of London Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-130 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HON MURRAY McCULLY Minister of Housing Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 45/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUSAN BATTYE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....

Leigh Pearson 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. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

Download a PDF of Decision No. 1993-139:Harang and Television New Zealand Ltd - 1993-139 PDF295. 26 KB...

The Authority has not upheld a complaint from the New Zealand Defence Force (NZDF) about an interview with Nicky Hager discussing the results of an Australian enquiry into its Defence Force and the implications for the NZDF. The Authority noted the high public interest in the broadcast and found that as it was clearly coming from Mr Hager’s perspective and other news bulletins signalled other views, the balance standard was not breached. The broadcast was not unfair to the NZDF. It is a government agency that can reasonably expect public scrutiny. In addition, comment from the Defence Minister was sought and included in later news bulletins. Not Upheld: Balance, Fairness...

An item on RNZ’s Midday Report covering reports of violence against protesters at Kennedy Point Marina included interviews with a protester, and the developer of the site. The Authority has not upheld a complaint the item breached the balance and fairness standards. The Authority found the item presented a reasonable range of perspectives and developer Kitt Littlejohn was given a fair and reasonable opportunity to present his point of view. Given the level of public interest in the item, Mr Littlejohn, in his position, could reasonably expect the media’s scrutiny and the programme was unlikely to leave listeners with an unduly negative impression of him. Not Upheld: Balance, Fairness...

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....

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....

SummaryThe involvement of the Prime Minister’s staff with Timberlands was the subject of news items on One Network News broadcast on 17, 18 and 19 August 1999 beginning at 6. 00pm, an item on Breakfast on 18 August beginning at 7. 00am, and an item on Holmes on 18 August beginning at 7. 00pm. It was reported that although Mrs Shipley had denied such involvement with the company after she became Prime Minister, papers released that day indicated otherwise. Hon David Carter, Associate Minister of Food, Fibre, Biosecurity and Border Control complained to Television New Zealand Ltd, the broadcaster, that the 18 August report was inaccurate, unfair and unbalanced. He pointed out first that Mrs Shipley had not denied that her staff had been involved with Timberlands since she had become Prime Minister....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

ComplaintLate Edition – Breakfast – alleged rat infestation in Helensville – no evidence of rats – community views not sought – item unfair and unbalanced FindingsStandard G14 – item failed to uphold standards of accuracy, impartiality and objectivity – uphold OrderCosts of $500 to Crown This headnote does not form part of the decision. Summary An item broadcast on TV One on Late Edition on 6 June 2001, and on Breakfast on 7 June 2001, dealt with an alleged infestation of rats in and around Helensville. Hans Van Duyn complained to Television New Zealand Ltd, the broadcaster, that the item was unfair and lacked balance. He said the only person interviewed was a former Helensville Mayor, Mr Eric Glavish, who had his own "reasons or agenda to make unsubstantiated allegations"....