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Decisions
Richards and Television New Zealand Ltd - 2008-052
2008-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

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
The Church of Scientology of New Zealand Inc and TVWorks Ltd - 2010-045
2010-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: How to Spot a Cult – two-part documentary – spoke to former members of cults – included three former members of Scientology – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programmes did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – programmes were not inaccurate or misleading – not upheld Standard 6 (fairness) – Church of Scientology was well informed about the nature of the programmes – Church’s responses were included in the programme – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] Inside New Zealand: How to Spot a Cult was a two-part documentary series which was broadcast on TV3 at 9. 30pm on Wednesday 25 November and Wednesday 2 December 2009....

Decisions
de Villiers and Television New Zealand Ltd - 2009-029
2009-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported sentencing of man convicted for stabbing a teenage tagger – reporter asked victim’s family for comment regarding defence lawyer telling them to “get over it” – footage showed lawyer saying it was “time for people to move forward, to move on” – allegedly in breach of accuracy and fairness Findings Standard 5 (accuracy) – reporter’s question was a reasonable summation of the lawyer’s comments when juxtaposed with footage of lawyer’s comments – not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought was treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Truong and Television New Zealand Ltd - 2007-110
2007-110

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

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
Clydesdale and The Radio Network Ltd - 2004-100
2004-100

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

Decisions
Corin and Television New Zealand Ltd - 2004-169
2004-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Decisions
Rigarlsford and The Radio Network Ltd - 2005-058
2005-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – host terminated a call saying “why don’t you just bugger off, you bigoted old silly man” – allegedly unfairFindingsPrinciple 5 (fairness) – robust environment of talkback radio – comments not unfair – not upheld This headnote does not form part of the decision. Broadcast[1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 18 April 2005, a caller expressed the view that there was one law for Māori and another law for everybody else with regard to carrying weapons in public. Following a brief exchange, the host terminated the call saying “why don’t you just bugger off, you bigoted old silly man”....

Decisions
Dujmovic and CanWest TVWorks Ltd - 2004-216
2004-216

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – documentary about Phenomena Academy in Fiordland – NZQA accredited institution that teaches how to be healthy and happy – questions raised as to whether students under undue influence from Academy’s founder Aiping Wang – focussed on experience of four former students who were critical of her methods – complaint made by general manager of Academy – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – Academy representatives given adequate opportunity to respond to the allegations – lengthy interviews with Aiping Wang and with complainant – views were clearly communicated – not upheld Standard 5 (accuracy) – two statements inaccurate – other statements not inaccurate – not unnecessarily alarmist – no evidence of lack of editorial independence – upheld on two aspects Standard 6 (fairness) – participants given adequate and reasonable opportunity to respond to allegations made – views were clearly…...

Decisions
Claridge and Blue Skies FM Ltd - 2003-054
2003-054

ComplaintNews item about community parties on New Year’s Eve – complainant named and said to be "spouting lies" and "hadn’t checked the facts" – unbalanced – unfair – inaccurate FindingsPrinciple 4 and Principle 6 – subsumed under Principle 5 Principle 5 – any response, including decline to comment, not reported – unfair – uphold No Order This headnote does not form part of the decision. Summary [1] The possibility of three venues for New Year’s Eve party-goers in Central Otago was dealt with in a news item broadcast at 6. 30am, 7. 30am, 8. 30am and midday on 21 March 2003 on Blues Skies FM in Alexandra. The Chairman of one group which had staged a successful street party for five years, expressed his anger at one of the other groups. Naming the other group’s chair, he said that she had not checked the facts and was "spouting" lies....

Decisions
Anderson and Television New Zealand Ltd - 2003-103
2003-103

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

Decisions
Network Communications (New Zealand) Ltd and Henley and CanWest RadioWorks Ltd - 2005-080
2005-080

Tapu Misa declared a conflict and did not take part in the determination of this complaint....

Decisions
Milnes and The Radio Network Ltd - 2010-171
2010-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

Decisions
Tichbon and Television New Zealand Ltd - 2000-042
2000-042

SummaryWhen Women Kill, a documentary about two women who had both served 10 years in prison for murder was broadcast on TV One on 18 October 1999 at 8. 30pm. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that individuals referred to in the programme by the two women had not been treated fairly as they had not been given an opportunity to respond to accusations made about their conduct. He also complained that the programme was unbalanced because of comments made by a prison manager and because, Mr Tichbon said, it portrayed women as victims and men as violent abusers of women and children. TVNZ responded that the programme had not concealed the fact that it was tracing the women’s lives from their point of view. In those circumstances it considers it was not necessary to include the people referred to in the programme....

Decisions
Davidson, on behalf of Aotea College, and The RadioWorks Ltd - 2001-116
2001-116

ComplaintThe Edge – comments about Aotea College students – two references to "burning the place down" – reference to breathalysing students – ill-informed, harmful and malicious FindingsPrinciple 5 – misdirected humour – negative comments – borderline – no upholdThis headnote does not form part of the decision. SummaryComments about Aotea College students, made in the course of a discussion about a secondary school stage competition, were broadcast on The Edge (a radio network) on 30 May 2001 between 3. 00pm and 7. 00pm. The announcer twice asked whether students from Aotea College had burned the venue down, and also asked if they had been breathalysed at the door. Julia Davidson, the principal of Aotea College complained to The RadioWorks Ltd, the broadcaster, that the comments were ill-informed, harmful and malicious. The RadioWorks did not uphold the complaint....

Decisions
AB and Television New Zealand Ltd - 2004-049, 2040-050
2004-049–050

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

Decisions
Bulathsinghala and 4 Others and Television New Zealand Ltd - 2004-129
2004-129

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Decisions
Robin Laing of The New Zealand Film and Television School and Television New Zealand Ltd - 2004-204
2004-204

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News Insight: "Learning the Hard Way" – documentary about privately-run tertiary courses – segment about the film industry included references to The Film School – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – complaint more appropriately assessed under fairness – not upheld Standard 5 (accuracy) – fact alleged to be inaccurate was expression of opinion to which standard does not apply – not upheld Standard 6 (fairness) – item about students getting “duped” by substandard courses – only institution identified was The Film School – implied The Film School was one of these substandard courses – no evidence to suggest that it was substandard – unfair – upheld Order Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision....

Decisions
Stamilla and TVWorks Ltd - 2011-130
2011-130

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…...

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