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Downs and TV3 Network Services Ltd - 1996-145
1996-145

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-145 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FR FRANK DOWNS of Turangi Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Cosmetic, Toiletry & Fragrance Association of NZ Inc and CanWest TVWorks Ltd - 2006-100
2006-100

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

Decisions
Sorrell and Television New Zealand Ltd - 2004-194
2004-194

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about school system in post-Saddam Iraq – referred to increasing fundamental religious education in private schools – allegedly unbalanced and reinforced prejudices about sinister religious activitiesFindings Standard 4 (balance) – fundamentalism used in contrast to secular education – not upheld Standard 5 (accuracy) – no apparent inaccuracies – not upheld Standard 6 (fairness) – no apparent unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] Schooling in post-Saddam Iraq was featured in an item broadcast on One News beginning at 6. 00pm on TV One on 29 September 2004. Pointing out that education under Saddam had been largely secular, the item reported that education in Iraq was becoming increasingly religious, especially in private schools....

Decisions
Simon and TVWorks Ltd - 2011-166
2011-166

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about launch of Green Party election campaign contained brief, out-of-focus background image of a person’s “butt crack” – allegedly in breach of good taste and decency, privacy and fairness standards FindingsStandard 1 (good taste and decency) and Standard 6 (fairness) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 6 November 2011, reported on the launch of the Green Party’s election campaign. Green Party co-leader Russell Norman was shown addressing the attendees at the launch from a stage, and the camera panned down to focus on a baby in a pram. In the background of the shot of the baby, a person’s “butt crack” was briefly visible....

Decisions
Garbutt and Radio New Zealand Ltd - 2020-140 (9 March 2021)
2020-140

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
Gregory and NZME Radio Ltd - 2017-081 (2 November 2017)
2017-081

Summary[This summary does not form part of the decision. ]Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now. ’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained....

Decisions
Spring and Radio New Zealand Ltd - 2020-072 (24 November 2020)
2020-072

The Authority has not upheld a complaint about an RNZ News item covering anti-racism protests in Washington and London. The item reported that after ‘a largely peaceful day’, some of the British protesters threw bottles at police, mounted officers charged at the protesters, and an officer ‘required hospital treatment after falling from her horse’. The complaint was that this characterisation of the events breached broadcasting standards as the protest was not ‘peaceful’ and other reports noted the horse bolted after a firework or similar was thrown from the crowd. The Authority found the item was materially accurate, and that the remaining standards raised were not applicable to the complainant’s concerns. Not Upheld: Accuracy, Balance, Fairness, Law and Order, Discrimination and Denigration...

Decisions
Wood and SKY Network Television Ltd - 2011-135
2011-135

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

Decisions
Voluntary Law Association of India New Zealand Inc and Access Community Radio Inc - 2010-162
2010-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

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
Newfield and Television New Zealand Ltd - 2012-091
2012-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reference to British Prime Minister David Cameron as “an old mate of John Key’s” in relation to the Leveson Inquiry into British press – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – reference to “old mate” in the introduction to the item was not a material point of fact and would not have misled viewers – not upheld Standard 6 (fairness) – brief comment did not implicate Mr Key in the manner alleged – not unfair to Mr Key – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the Leveson Inquiry into the culture, practices and ethics of British press....

Decisions
P and TV3 Network Services Ltd - 1994-021
1994-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Ms P Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Day & Moss and NZME Radio Ltd - 2018-090 (2 April 2019)
2018-090

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Decisions
Stubbs and Radio New Zealand Ltd - 2019-049 (17 September 2019)
2019-049

The Authority did not uphold a complaint that an item on Morning Report discussing the possible boycott of the Tuia – Encounters 250 commemorations was unbalanced, inaccurate and unfair. The Authority found the item was balanced through the presentation of alternative perspectives and the existence of significant media coverage within the period of current interest. The Authority also found the broadcast did not contain any material inaccuracy with respect to Captain Cook’s first arrival in New Zealand. Finally, the Authority found the fairness standard did not apply as the complainant did not identify any person or organisation who took part in or was referred to in the broadcast who was treated unfairly. Not Upheld: Accuracy, Balance, Fairness...

Decisions
New Zealand Food and Grocery Council Incorporated and TVWorks Ltd - 2007-126
2007-126

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand documentary: “What’s Really in our Food” – discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme fairly presented significant viewpoints – not upheld Standard 5 (accuracy) – two statements inaccurate – upheld Standard 6 (fairness) – not unfair to persons or organisations taking part or referred to in the programme – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An Inside New Zealand documentary entitled “What’s Really in our Food” was broadcast on TV3 at 8. 30pm on 13 September 2007. The programme discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food....

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
Agnew and Television New Zealand Ltd - 2007-010
2007-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – update on a 2005 story about a Chinese family – father had been deported and mother was fighting a deportation order – interviewed the couple’s three children – daughter was shown distressed and in tears – allegedly unfair Findings Standard 6 (fairness) – broadcaster failed to use discretion and sensitivity when interviewing child about a distressing situation – child was exploited – unfair – upheld Order Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $1,500 This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 14 November 2006, discussed a long-running court case involving a Chinese couple who had come to New Zealand on a working visa more than a decade ago....

Decisions
KW and Television New Zealand Ltd - 2006-087
2006-087

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

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…...

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