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Decisions
Shen and Television New Zealand Ltd - 2016-097 (19 April 2017)
2016-097

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Decisions
Taimoori and 5TUNZ Communications Ltd - 2019-019 (23 August 2019)
2019-019

The Authority has upheld a complaint about two broadcasts on Humm FM, finding that the complainant was treated unfairly. The Authority found that comments made by the host during the broadcasts were likely to reflect negatively on the complainant and to impact on his personal and professional reputation. As the complainant was adversely affected, he should have been given an opportunity under the fairness standard to respond to the comments made about him. The Authority emphasised that the right to broadcast carries with it privileges and responsibilities, and in this case the host used his platform to air his personal grievances against the complainant without giving him an opportunity to comment, which was unfair....

Decisions
Right to Life New Zealand and Discovery NZ Ltd - 2021-054 (2 August 2021)
2021-054

The Authority has not upheld a complaint about coverage on The AM Show of proposed changes to safe zones around abortion clinics. The statements alleged to be inaccurate were comment, opinion or analysis, to which the accuracy standard does not apply. The balance standard did not apply as the separate news bulletins did not amount to a discussion; and in any event, differing perspectives from Abortion Rights Aotearoa and Voice for Life NZ were included. The fairness standard did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)
2022-130

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Wakeman and Television New Zealand Ltd - 2023-005 (30 May 2023)
2023-005

The Authority has declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...

Decisions
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

Decisions
Hutt and Television New Zealand Ltd - 2023-040 (12 September 2023)
2023-040

The Authority has not upheld a complaint that an episode of The Feed discussing issues faced by rainbow communities breached multiple standards. The complaint alleged the programme, which was aimed at children, was one-sided in favour of the ‘trans lifestyle’ and did not include balancing content about the ‘heterosexual lifestyle’, and accordingly amounted to illegal gender reassignment therapy or grooming. The Authority found the programme content carried high value and public interest by raising and exploring issues and perspectives in relation to rainbow communities, and through promoting diversity and inclusion. It was satisfied the programme would not cause widespread offence or adversely affect children. The other standards either did not apply or were not breached. Not upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Balance, Accuracy, Fairness...

Decisions
Duke and Television New Zealand Ltd - 2024-068 (24 October 2024)
2024-068

The Authority has not upheld a complaint under the balance, accuracy and fairness standards about a broadcast of 1News discussing the United States’ decision to send more combat aircraft and war ships to the Middle East following the killing of Hamas political leader Ismail Haniyeh. The complainant argued the broadcast was unbalanced and biased towards American and Israeli interests by omitting to mention Haniyeh was the chief negotiator for Hamas in ceasefire negotiations relating to the ongoing Israel-Hamas conflict. The Authority found the broadcast was more of a report on recent events than a discussion of issues to which the balance standard might apply....

Decisions
YS and NZME Radio Ltd - 2023-011 (16 May 2023)
2023-011

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Jennings and Discovery NZ Ltd - 2023-019 (14 June 2023)
2023-019

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

Decisions
Owen & Healing and Television New Zealand Ltd - 2023-037 (9 August 2023)
2023-037

The Authority has not upheld complaints an item on 1 News reporting on Immigration New Zealand’s decision to review Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand breached broadcasting standards. The complainants were concerned with: the report’s description of Parker as ‘anti-trans’ and of neo-Nazis ‘supporting’ Parker; the lack of interviewees supporting Parker in the reports; and the unfair treatment of Parker. The Authority found the items were sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; any criticism of Parker did not exceed the robust scrutiny expected of public figures; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views) or to state that neo-Nazis ‘supported’ her at a previous rally. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

Decisions
University of Auckland and Radio Pacific Ltd - 1998-141
1998-141

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

Decisions
Nottingham and Television New Zealand Ltd - 2006-035
2006-035

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Decisions
Kozeluh and Television New Zealand Ltd - 2010-054
2010-054

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Bert Potter – programme was a case study of Bert Potter based on analysis by a clinical psychologist and recollections of former members of his Centrepoint commune – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programme was a case study by psychologist of Bert Potter and his involvement in Centrepoint – historical interest for viewers but no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccurate points of fact – programme would not have misled viewers – not upheld Standard 6 (fairness) – no individuals or organisations treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Barr and Radio New Zealand Ltd - 1998-016
1998-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Decisions
New Zealand Committee for Scientific Investigation of Claims of the Paranormal Inc and Television New Zealand Ltd - 1998-060
1998-060

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-060 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND COMMITTEE FOR SCIENTIFIC INVESTIGATION OF CLAIMS OF THE PARANORMAL INC. of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED Members: L M Loates R McLeod J Withers...

Decisions
Harris and CanWest TVWorks Ltd - 2005-049
2005-049

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

Decisions
Kuten and Television New Zealand Ltd - 2004-062
2004-062

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item on battle in Gaza Strip – reported 15 Palestinians killed including teenaged son of one of Yasser Arafat’s close allies – Palestinian combatants described as “militants”– item allegedly unbalanced, unfair and inaccurate – should have described Palestinian combatants as “terrorists” – should have described provocation for incidentFindings Standard 4 (balance) – brief item described incident and views of both sides – not upheld Standard 5 (accuracy) – “militants” not inaccurate – item not inaccurate – not upheld Standard 6 (fairness) – item treated both sides of conflict fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News broadcast at 6pm on 12 February 2004 reported on a battle in the Gaza Strip between Israeli troops and Palestinians, in which 15 Palestinians were killed....

Decisions
Hunter and Television New Zealand Ltd - 2004-158
2004-158

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

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