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Decisions
Dinkha and Access Community Radio Auckland Inc - 1997-090
1997-090

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-090 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWAR DINKHA of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Anderson and 3 Others and Cruise FM Waikato - 2012-133
2012-133

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Decisions
Sharp and TV3 Network Services Ltd - 1993-039
1993-039

Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...

Decisions
Waterworth and Wickham and RadioWorks Ltd - 2012-033
2012-033

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Decisions
Society for the Protection of the Unborn Child Inc, Armstrong (President) and daughters and TV3 Network Services Ltd - 1993-108–110
1993-108–110

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Decisions
Frazer and Television New Zealand Ltd - 2020-147 (16 March 2021)
2020-147

The Authority has not upheld a complaint that the leaders’ debate between Rt Hon Jacinda Ardern and Hon Judith Collins breached broadcasting standards. The programme carried a high level of public interest. Both debate participants were senior politicians who had a clear understanding of the nature of their participation in the debate and were given fair opportunity to respond to the questions raised. Not Upheld: Discrimination and denigration, Balance, Fairness...

Decisions
New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021
1991-021

Download a PDF of Decision No. 1991-021:New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021 PDF916. 23 KB...

Decisions
Kane and Television New Zealand Ltd - 2022-012 (18 May 2022)
2022-012

The Authority has not upheld a complaint about a 1 News item on Tross Publishing, which it reported had been ‘accused of publishing books that are anti-Māori, inaccurate and harmful’ and discussed the use of its books in schools. While the complainant was concerned the broadcast was ‘anti-white’ and ‘anti-immigrant,’ the Authority found it did not encourage the denigration of, or discrimination against ‘white’ people, and that immigrants are not a recognised section of the community for the purposes of the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the item, the broadcast did not breach the accuracy standard, and Tross Publishing was treated fairly in the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Spectrum and Bays Television Ltd - 1995-132
1995-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SPECTRUM of Nelson Broadcaster BAYS TELEVISION LIMITED of Nelson J M Potter Chairperson L M Loates R McLeod...

Decisions
Riddell and TVWorks Ltd - 2009-038
2009-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – investigated one couple’s practice of grazing cattle along the banks of the Pahaoa River in the Wairarapa – interviewed concerned neighbour, environmental scientist, Greater Wellington Regional Council, and spokesman for Federated Farmers – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – story focused on one couple – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – two aspects upheld Standard 6 (fairness) – the Riddells were not given a reasonable opportunity to present their side of the story – reporter’s approach unfair – upheld OrderSection 13(1)(a) – broadcast statement Section 16(1) – legal costs to the complainant $1,670 This headnote does not form part of the decision. Broadcast [1] On Campbell Live, broadcast on TV3 at 7pm on 4 February 2009, the host introduced a story, saying: Let’s. . ....

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 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
Drenth and The RadioWorks Auckland - 1998-129
1998-129

SummaryIn a prank telephone call broadcast on Solid Gold FM on 12 June 1998 at about 8. 25am, a woman was called by a man claiming to be her fiance’s boss and was told that he was going to be fired because he was sleeping with the boss’s secretary. The woman reacted with tearful remonstrations, but then admitted that she was having an affair with her fiance’s brother. Anrik Drenth of Wellington complained to the station that the call was distressing and offensive because it was malicious, and listeners were not informed at the conclusion that it was a prank. He noted that the woman had been clearly distressed by the news. In a brief response, the station advised that the call was a hoax and had been set up. It apologised if it caused offence....

Decisions
Anonymous and Television New Zealand Ltd - 2004-106, 2004-107
2004-106–107

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

Decisions
Whiterod and CanWest TVWorks Ltd - 2004-180
2004-180

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

Decisions
Richard-Howes and Wilson and Television New Zealand Ltd - 2011-019
2011-019

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Ashton and Radio New Zealand Ltd - 2012-060
2012-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Decisions
Aburn and Television New Zealand Ltd - 2002-045
2002-045

ComplaintOne News – item reporting preliminary hearing of private prosecution of Constable A for murder – report of evidence of prosecution witness – unbalanced – biased – broadcaster’s response to complainant assumed his sympathy for Constable A – complainant argues that assumption influenced determination FindingsStandard 4 – coverage of trial ongoing – day’s coverage balanced – no uphold Standard 6 and guideline 6a – one day’s evidence reported fairly – no uphold This headnote does not form part of the decision. Summary [1] The evidence given by a prosecution witness about events he had seen in Waitara on the morning of the shooting of Steven Wallace was dealt with in a news item which reported the second day of the private murder prosecution of Constable A. The item was included on One News broadcast on TV One on 22 January 2002 between 6. 00–7. 00pm....

Decisions
Shepherd and Radio New Zealand Ltd - 2005-089
2005-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

Decisions
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

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