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Decisions
Ngaei, Association of Salaried Medical Specialists and New Zealand Medical Association and Television New Zealand Ltd - 2004-135
2004-135

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

Decisions
Walter and Television New Zealand Ltd - 2009-073
2009-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported that a 40-year-old man had been accused of knowingly infecting people with HIV – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – identifiable to limited group of people who had seen the website or the photos – allegation of criminal behaviour not a private fact – HIV-positive status normally a private fact but public interest defence applied – not upheld Standard 6 (fairness) – high level of public interest especially in alerting those who could identify the man – guideline relating to discrimination and denigration not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on TV One on 15 May 2009, was introduced as follows: What kind of person knowingly infects lovers with the HIV virus?...

Decisions
Manukau Appliance Service Centre and TV3 Network Services Ltd - 1999-179
1999-179

Summary Four appliance repair centres were given a faulty microwave oven to repair and the results were reported on Target broadcast by TV3 Network Services Ltd on 6 June 1999 between 7. 00–7. 30pm. Manukau Appliance Service Centre Ltd repaired the microwave by bypassing the variable power switch with the result that it could only operate on high power. Mr Welch, Managing Director of Manukau Appliance Service Centre, complained to the broadcaster that the item was unfair to his company because it left the impression that his staff were incompetent in locating faults in electrical equipment. Of major concern, he said, was that TV3 had failed to include explanatory comment from the company about the work it had done. TV3 responded that the repair test had been conducted fairly and the testing had been overseen by two independent technical experts....

Decisions
Renwick and TV3 Network Services Ltd - 2000-144
2000-144

Complaint3 News – item about bad weather featured car accident footage – woman passenger shown injured – unnecessary intrusion into woman’s distress – graphic footage gratuitous Findings(1) Standard G17 – footage not unnecessarily intrusive – no uphold (2) Standard V12 – material insufficiently graphic – no uphold Cross-referenceDecision: 2000-141–143 This headnote does not form part of the decision. Summary Footage of a car accident was shown during a news items about bad weather and related problems faced by drivers in the Queenstown area. A woman passenger was shown emerging from the crashed car bleeding from a head wound. The item was broadcast on 3 News on TV3 on 11 June 2000 between 6. 00pm and 7. 00pm....

Decisions
Credo Society Inc and Radio Pacific Ltd - 1994-119
1994-119

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 119/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster RADIO PACIFIC LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Atkin and The Radio Network Ltd - 2011-061
2011-061

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Decisions
OK Gift Shop Ltd and CanWest TVWorks Ltd - 2004-199
2004-199

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Decisions
Beardsley and TVWorks Ltd - 2012-020
2012-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Decisions
Vaioleti and MediaWorks Radio Ltd - 2015-008
2015-008

Summary[This summary does not form part of the decision. ]During a voice break on the radio music show Selectah, the presenter said, 'If you are a scooter rider, in the city, in Auckland, let me give you one piece of advice: Don't get your scooter fixed by Scootling, they charge way too much. ' MediaWorks upheld a fairness complaint from the owner of Scootling and offered him a number of options for redress including an on-air apology and free advertising. The Authority disagreed with the complainant that this action was insufficient. It also declined to uphold his complaints that the broadcast otherwise breached standards relating to law and order and accuracy. Not Upheld: Fairness (Action Taken), Law and Order, Accuracy Introduction[1] During a voice break on a radio music show, Selectah, the presenter said: I'm waiting for my scooter guy to turn up. . ....

Decisions
Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072
1992-072

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

Decisions
Steens and TVWorks Ltd - 2013-020
2013-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Decisions
New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027
1990-026–027

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...

Decisions
Cook Islands Pearls Ltd and TV3 Network Services Ltd - 1992-008
1992-008

Download a PDF of Decision No. 1992-008:Cook Islands Pearls Ltd and TV3 Network Services Ltd - 1992-008 PDF982. 08 KB...

Decisions
Connolly and Radio New Zealand Ltd - 1993-062
1993-062

Download a PDF of Decision No. 1993-062:Connolly and Radio New Zealand Ltd - 1993-062 PDF416. 71 KB...

Decisions
Cotsilinis and 4 Others and Television New Zealand Ltd - 2009-069
2009-069

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Decisions
Saxe and Television New Zealand Ltd - 2009-165
2009-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

Decisions
SKY Network Television Ltd and Radio New Zealand Ltd - 2008-117
2008-117

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Hunter and Television New Zealand Ltd - 2004-158
2004-158

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

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