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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item profiled the complainant, Donald McDonald – introduction referred to some of his previous complaints including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols” – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item did not suggest that all or most of his complaints were unfounded but that Mr McDonald complained “too often about too little” – provided context to complaints and complainant put forward his own perspective – complainant treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of fairness This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989High Country Rescue – profiled the attempted rescue of a tramper who died – made various references to the man’s “tramping party” and the “friends of the injured man” and showed brief footage of some of them with their faces blurred – allegedly in breach of privacy and fairness standardsFindingsStandard 6 (fairness) – complainant did not “take part” in the programme and was not sufficiently “referred to” for the purposes of the fairness standard – not upheld Standard 3 (privacy) – complainant was not identifiable – no private facts disclosed – footage of the complainant was not broadcast and so no disclosure of information obtained through an intrusion with the complainant’s interest in seclusion – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-090 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WACO COATINGS AND CHEMICALS LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on attempted rescue of surfing students being instructed by the complainant – showed confrontation between the complainant and members of the Piha Surf Lifesaving Club – reporter stated that “the first thing that [the Department of Labour] will find is that he is not even a registered surf instructor” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – accurate to say that complainant was not registered – implication was not that he had acted illegally, but that he had not demonstrated best practice – item contained clear comments from the complainant and from the school that he had not done anything wrong – viewers would not have been misled – not upheld Standard 6 (fairness) – item fairly presented complainant’s response – complainant treated fairly – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Download a PDF of Decision No. 1993-065:The Warehouse Ltd and Television New Zealand Ltd - 1993-065 PDF467. 48 KB...

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

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....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....