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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...

The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go Ad Awards – two teams of advertisers were asked to “sell us Quade Cooper for New Zealand’s next Prime Minister” during live advertising awards – included comments such as, “everyone hates Quade Cooper” – allegedly in breach of fairness and discrimination and denigration FindingsStandard 6 (fairness) – piece was intended to be light-hearted and humorous, rather than malicious or abusive – presented in the spirit of good-natured ribbing and team rivalry – Mr Cooper not treated unfairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

The Authority has not upheld a complaint that a 1News item on tax cuts in the Government’s 2024 Budget breached the balance and fairness standards by portraying the tax cuts negatively, thereby misrepresenting the views of New Zealanders. The Authority found the balance standard was not breached as significant perspectives on the Budget were presented, viewers could reasonably be expected to be aware of other views, and the standard does not apply to concerns of bias. It also found the broadcast consistent with the level of robust scrutiny and political analysis that could reasonably be expected of politicians, so the fairness standard was not breached. Not Upheld: Balance, Fairness...

The Authority has upheld two complaints concerning the accuracy of a brief 1News item on 15 November 2024 about heightened security in Paris following violence the previous week around a football match between Ajax and Maccabi Tel Aviv in Amsterdam. The item reported, ‘Thousands of police are on the streets of Paris over fears of antisemitic attacks…That's after 60 people were arrested in Amsterdam last week when supporters of a Tel Aviv football team were pursued and beaten by pro-Palestinian protesters. ’ TVNZ upheld the complaints under the accuracy standard on the basis the item ‘lacked the nuance’ of earlier reporting on the events, by emphasising the ‘antisemitic’ descriptor while omitting to mention the role of the Maccabi fans in the lead-up to the violence. The Authority agreed with this finding and further found the action taken by TVNZ was insufficient....

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu. Brief footage from US President Donald Trump’s meeting with Prime Minister Netanyahu in May 2017 was shown at the end of the item. The Authority did not uphold a complaint that the use of this footage created an unduly negative impression of President Trump and implied he was involved in the corruption, which was unfair. The Authority found the use of the footage in no way implicated President Trump in the alleged corruption. The footage was brief and President Trump was not referred to verbally. Not Upheld: Fairness  Introduction[1] A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu....

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Summary An item entitled "Prisoner of Law" examined the situation of a solo New Zealand mother who had given birth to a child in Sydney. It explained that in order to maintain custody of her child, she was required by the Australian Family Court to live in Sydney. The programme was broadcast on TV3’s 20/20 at 7. 30pm on 13 June 1999. Mr Tichbon complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced. It contravened the standards, he wrote, as the father was not asked for his perspective. Furthermore, Mr Tichbon added, the father was secretly filmed at the handover of the child. Explaining that the intention of the item was to illustrate the mother’s predicament and to question the law, TV3 denied that the father was vilified or portrayed as a bad father....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-161 Decision No: 1997-162 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mr X of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kerre Woodham Talkback – host started a discussion about whether the Falun Gong organisation should be able to participate in the Auckland City Christmas parade – host stated that Falun Gong had no place in the parade – callers rang in who were both for and against the host’s position – after 90 minutes of discussion, the radio station stopped airing calls from Falun Gong members – allegedly unfair Findings Standard 6 (fairness) – complainant was not “taking part or referred to” in the broadcast –points that complainant wanted to make were made by other callers – Falun Gong not treated unfairly – not upheld This headnote does not form part of the decision....