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Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-177 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD MOONEN of Lower Hutt Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: Did Mark Lundy Kill His Wife and Daughter?...

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – host repeatedly referred to the Catholic Church as “the church of paedophilia” and commented that “the church is rife with paedophilia among its priests” – allegedly in breach of good taste and decency, balance, fairness and accuracy Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 4 (balance) – broadcast did not discuss a controversial issues of public importance – not upheld Principle 5 (fairness) – the church’s representative was given a sufficient opportunity to rebut the comments made by the host – not upheld Principle 6 (accuracy) – host did not make any unqualified statements of fact – the accuracy standard did not apply – not upheld  This headnote does not form part of the decision....

ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

SummaryEmergency Heroes is a series which features the police and other emergency services responding to actual incidents. The response by a police patrol to a threat from a woman to commit suicide by jumping from a building was dealt with during an item in an episode broadcast on TV3 at 7. 30pm on Tuesday 16 February 1999. Mr R complained to TV3 Network Services Ltd, the broadcaster, that the broadcast breached a number of broadcasting standards and intruded on the privacy of both the woman and her family. Pointing out that he was the woman’s former husband and father of her three children, he said that she was easily identifiable to acquaintances because of her voice which was heard in the item, and her clothing. A 15 year old son who had seen the programme, he added, now needed ongoing counselling....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-019 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homai Te Pakipaki – singing contest – viewers had the opportunity to vote via text messaging for their favourite contestant – allegedly in breach of fairness, programme information and children’s interests standards FindingsStandard 6 (fairness) – programme clearly based on popularity with voters rather than talent – standard does not apply to viewers as they are not individuals taking part or referred to – not upheld Standard 8 (programme information) – conditions of voting were made clear – no evidence to suggest that viewers were deceived or disadvantaged – not upheld Standard 9 (children’s interests) – programme was not targeted at children – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homai Te Pakipaki, a karaoke-style singing contest, was broadcast on Māori TV at 8....