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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
Wells and The Radio Network Ltd - 2001-022
2001-022

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Decisions
Webb and Television New Zealand Ltd - 2002-168
2002-168

ComplaintHolmes Election Special; Prime Ministerial Debate – unbalanced – unfair to leader of opposition FindingsStandards 4 and 6 – live debate – robust discussion – similar allocation of time to present views – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] A Holmes Election Special; Prime Ministerial Debate programme was broadcast on TV One at 7. 00pm on 22 July 2002. It featured Ms Helen Clark and Mr Bill English, the leaders of the two main political parties. It was a general election programme, broadcast live with a studio audience, and the leaders were questioned on their party policies. [2] Mr Hugh Webb complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and that Mr English was treated unfairly....

Decisions
Sperry and Television New Zealand Ltd - 2012-076
2012-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Horlor and TV3 Network Services Ltd - 2000-196, 2000-197
2000-196–197

Complaint3 News – items on black market trade in illegal cars – tax evasion – inaccurate interpretation of Motor Vehicle Dealers Act – partial – victimised businesses/individuals FindingsG14 – more than one view of Motor Vehicle Dealers Act - not inaccurate – no victimisation – no uphold G19 – editing not a distortion of events – no uphold This headnote does not form part of the decision. Summary Items on 3 News broadcast on TV3 on 9 and 10 October 2000 dealt with what appeared to be a flourishing "black market" trade in motor vehicles by unlicensed dealers. According to the items, illegal sellers were evading tax, and people who bought cars from them were not covered by consumer protection legislation. Ken Horlor complained to TV3 Network Services Ltd, the broadcaster, that the items were unbalanced, untruthful and victimised individuals and businesses trading legally....

Decisions
Taylor and Radio New Zealand Ltd - 2009-039
2009-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Koster and Radio New Zealand Ltd - 1995-151, 1995-152
1995-151–152

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 151/95 Decision No: 152/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHANNA KOSTER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Decisions
Pui & BH and Television New Zealand Ltd -2024-038 (7 August 2024)
2024-038

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

Decisions
Tomonaga and CanWest TVWorks Ltd - 2007-081
2007-081

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Decisions
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

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…...

Decisions
Arthur and Television New Zealand Ltd - 2006-115
2006-115

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....

Decisions
Boyce and Television New Zealand Ltd - 2005-055
2005-055

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

Decisions
Dixon and Television New Zealand Ltd - 2005-141
2005-141

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a church’s campaign to stop the use of “Jesus” as a swear word – “Jesus” and “Christ” repeated a number of times as examples of the language complained about – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – used as an expression of dismay and surprise – accepted colloquial use – not upheld Standard 4 (balance) – subsumed Standard 6 (fairness) – Pastor Driscoll treated fairly in the item – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7pm on TV One on 12 October 2005 reported that the Rangiora New Life Church had launched a campaign to stop the use of “Jesus” as a swear word....

Decisions
James and Radio New Zealand Ltd - 2004-080
2004-080

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Decisions
Topline International Ltd and Television New Zealand Ltd - 2003-002
2003-002

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

Decisions
Rich MP and Hide MP and Radio New Zealand Ltd - 2003-110, 2003-111
2003-110–111

ComplaintMana News – item about funding of Mana Maori Media by Te Mangai Paho – commented on complainants’ questions in Parliament about funding – unbalanced, inaccurate, unfair – Principles 4, 6 and 7 – RNZ upheld the complaint as inaccurate and a breach of Principle 6 – made written apology – action taken insufficient – complainants seek broadcast of correction and apology FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Questions in Parliament from the complainants about the funding of Mana Maori Media Ltd by Te Mangai Paho were dealt with in an item on Mana News broadcast on National Radio between 5. 00–6. 00pm on Friday 2 May 2003. [2] Members of Parliament, Katherine Rich and Rodney Hide, complained to Radio New Zealand, the broadcaster, that the item was unbalanced, inaccurate and denigrated them....

Decisions
Credo Society Inc and The Radio Network Ltd - 2000-163
2000-163

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

Decisions
Van Helmond and TVWorks Ltd - 2009-146
2009-146

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

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