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Download a PDF of Decision No. 1992-008:Cook Islands Pearls Ltd and TV3 Network Services Ltd - 1992-008 PDF982. 08 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

BROADCASTING STANDARDS AUTHORITY Decision No: 1997-070 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR B BALACHANDRAN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TERRY TARRANT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989DNZ: Waiting List – documentary – examined attitude of New Zealanders to organ donations and shortage of available organs – reference to ethnic differences – use of footage from tangi at the Mokai Kainga marae in Kawhia – complaint that archival footage used unfairly – upheld by TVNZ as a breach of Standard 6 and Guidelines 6e and 6h – action taken – footage will not be included if documentary screened again – footage would not be used again without appropriate approvals – apology offered to complainant and members of Mokai Kainga marae – action taken considered insufficient – broadcast apology soughtFindingsAction taken – insufficientOrderBroadcast of statementThis headnote does not form part of the decision. Broadcast [1] Attitudes to organ transplant and the shortage of donated organs were discussed in DNZ: Waiting List, broadcast on TV One at 8....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

Complaint Target – test of mechanics attending breakdown and repairing a car’s cooling system – use of hidden camera – complainant most expensive repairer – insufficient explanation of reason for costs given – unbalanced – inaccurate – unfair FindingsStandards 4, 5, and 6 – consumer advocacy programme – complaint essentially that complainant not dealt with fairly – subsumed under Standard 6 – as with all other participants one of two manufactured faults not found – services otherwise good – adequate explanation given of invoice – no uphold This headnote does not form part of the decision. Summary [1] The hidden camera segment on Target on 22 September 2002 featured mechanics called to a simulated breakdown situation. The car in question had two manufactured faults. The four companies selected were rated according to their performance at the breakdown, the work on the repair, and their charges....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six cafés in Auckland – stated that food sample from Café Cézanne had tested positive for faecal coliforms which “could make you very sick” – sample had been incorrectly labelled and it was later discovered that it did not come from Café Cézanne – in the meantime broadcaster broadcast an apology (in following episode) that did not exclude possibility that sample came from Café Cézanne – both programmes allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – serious allegation that Café Cézanne’s food was contaminated with faecal coliforms was broadcast without verifying or checking results – sample did not come from Café Cézanne – apology was also inaccurate and inadequate to rectify the breach – upheld Standard 6 (fairness) – broadcaster did not give the complainants a fair and reasonable opportunity to respond because they were not…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

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…...

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....

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...

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....

Summary[This summary does not form part of the decision. ]Nine to Noon broadcast an interview with Joan Withers, chair of Mighty River Power, about her career and the energy industry, among other things. The Authority declined to determine a complaint that Ms Withers was not suitable to interview. RNZ's decision to interview Ms Withers is a matter of editorial discretion rather than broadcasting standards. The complainant has previously made similar complaints about Ms Withers and been warned that further similar complaints would be unlikely to be determined in future. Accordingly the Authority declined to determine the present complaint on the basis it was vexatious. Declined to Determine: Accuracy, Fairness, Responsible Programming Introduction[1] Nine to Noon broadcast an interview with Joan Withers, chair of Mighty River Power, about her career and the energy industry, among other things....

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....