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Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Gunasekara and Television New Zealand Ltd - 2009-148
2009-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....

Decisions
McLean, Hardy, Bennett and Henry, and Pacific Coast FM - 2007-098
2007-098

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Stowe and SKY Network Television Ltd - 2012-025
2012-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

Decisions
Muldoon and TV3 Network Services Ltd - 1994-112
1994-112

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 112/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAME THEA MULDOON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Minnis and Television New Zealand Ltd - 1995-049
1995-049

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 49/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER MINNIS of Marton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
McKay and Television New Zealand Ltd - 1998-137, 1998-138
1998-137–€“138

Summary Items on One Network News and Tonight on 19 June 1998 reported that the Act Members of Parliament had been requested by TVNZ to provide particulars of their assets and business interests. None, the reports said, had been willing to do so. The reasons for the refusal by two Act MPs were highlighted in the items. Mr McKay complained to Television New Zealand Limited, the broadcaster, that it was being politically selective in failing to declare that similar information had been sought from members of other political parties. TVNZ, he continued, compounded its offence by publishing replies to its request from several Act MPs. TVNZ responded that Act was the one political party standing out against disclosure of MPs’ assets....

Decisions
Tichbon and Television New Zealand Ltd - 2000-171
2000-171

ComplaintDocumentary New Zealand: "Finding Family" – violent family relationship described by woman victim – inaccurate – unfair – unbalanced – discriminated against men FindingsProgramme about family reunification, not spousal abuseStandard G1 – no uphold Standard G4 – no uphold Standard G6 – no uphold Standard G13 – no uphold This headnote does not form part of the decision. Summary The theme of Documentary New Zealand: "Finding Family", broadcast on TV One on 31 July 2000 beginning at 8. 30pm, was the reunification of family members who had been separated. One woman described how she had become separated from her son when she escaped from a violent relationship some 30 years previously. He was tracked down by the Salvation Army in Australia....

Decisions
Grieve and TV Works Ltd - 2009-002
2009-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item broadcast secret recording of comments made by National Party deputy leader Bill English – allegedly unfair Findings Standard 6 (fairness) – broadcast of anonymously supplied tape inherently unfair – however, Mr English had opportunity to comment, John Key provided comment, and 3 News informed viewers of circumstances surrounding the tape – degree of public interest leading up to election – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 4 November 2008, reported that 3 News had been sent a secret recording of comments made by the deputy leader of the National Party, Bill English, at a cocktail party during National's August 2008 conference. The 3 News presenter said, The recording is clearly designed to derail John Key’s election campaign ....

Decisions
Broughton and RadioWorks Ltd - 2009-144
2009-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Decisions
Lubinska and Rowland and Television New Zealand Ltd - 2008-046
2008-046

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....

Decisions
Kinsella and Canwest RadioWorks Ltd - 2007-059
2007-059

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....

Decisions
Hegarty and CanWest TVWorks Ltd - 2006-009
2006-009

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – item about security camera outside apartment in Auckland – owners concerned that camera would capture images inside their home – item said the Police had assured them that camera was broken, and once fixed any images would be pixellated – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (accuracy) – one statement misleading – upheld Standard 6 (fairness) – item dealt justly and fairly with the Police – not upheldNo Order This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 30 November 2005, an item was broadcast on 3 News about a security camera positioned outside the apartment of an Auckland couple....

Decisions
Watson and The Radio Network Ltd - 2004-181
2004-181

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Classic Hits Breakfast – comment about complainant – allegedly unfairFindings Principle 5 (fairness) – not unfair in context of complainant’s public profile, fleeting comment – not likely listeners would have taken comment literally/seriously – not upheld This headnote does not form part of the decision. Broadcast [1] During Classic Hits Breakfast, broadcast on Classic Hits (Nelson) on the morning of 27 September 2004, presenter Kent Robertson commented on the death of Radio Fifeshire founder, Kevin Ihaia. During this commentary, he stated: And I must admit I got a little bit sad and reminiscent about it at one stage and I thought how unfair it is that at 50 Kevin should die and yet Gary Watson lives. Complaint [2] Gary Watson complained about the presenter’s comment....

Decisions
Birchfield and The Radio Network Ltd - 2004-213
2004-213

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

Decisions
Nichol and Television New Zealand Ltd - 2003-129
2003-129

ComplaintHolmes – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – challenged on decision to abstain – blamed for passage of Bill – held up to ridicule and contempt – unfairFindingsStandard 4 – MP given right to reply to criticism – no uphold Standard 6 – as with Standard 4 – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on Holmes, broadcast on TV One at 7. 00pm on Thursday 26 June, comment was made that the Bill would not have been passed had Mr Ashraf Choudhary MP not abstained. Mr Choudhary was interviewed regarding his abstention....

Decisions
Latimer and Television New Zealand Ltd - 2002-048
2002-048

Complaint Breakfast – item on increased ACC levy for motorcycles – biased against motorcyclists FindingsStandard G4 – motorcyclists not dealt with unfairly – no uphold Standard G14 – item dealt with levy increase fairly – no uphold This headnote does not form part of the decision. Summary [1] Increases in ACC levies were dealt with in an item broadcast on Breakfast between 7. 00–9. 00am on 5 December 2001. It was reported that the levy to be paid on the annual registration of motorcycles was to increase by nearly 60 percent because of the high number of accidents involving motorbikes. [2] Miss K Latimer complained to Television New Zealand Ltd, the broadcaster, that the item was biased and misleading because of the negative attitude she considered had been taken towards motorcyclists....

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