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Decisions
Callaghan and Mediaworks TV Ltd - 2019-058 (18 November 2019)
2019-058

The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...

Decisions
Carapiet and Radio New Zealand Ltd - 2002-007
2002-007

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

Decisions
Ryan and Television New Zealand Ltd - 2012-097
2012-097

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Frost and NZME Radio Ltd - 2021-013 (29 June 2021)
2021-013

The Authority has not upheld a complaint regarding a broadcast in which the host commented on the US election results and suggested outgoing President Trump had been defrauded of votes, particularly in Georgia. Listeners would have been well aware of other views and not expected a balanced approach to the issue in the context of a talkback programme which approached the subject from a particular perspective. The complainant also did not identify any person or organisation that was treated unfairly in the broadcast. In any event, the discussion of US political events, in the context of the broadcast, was unlikely to cause unfairness. Not Upheld: Balance, Fairness...

Decisions
Pack-Baldry, Palestine Solidarity Network Aotearoa, Taylor-Moore & Wellington Palestine Group and Television New Zealand Ltd - 2024-040 (12 November 2024)
2024-040

The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate....

Decisions
Albery and RadioWorks Ltd - 2011-038
2011-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert and Jono’s Drive Show – “Wind up Your Wife” – telephone prank in which wife told husband she was getting restraining order against his mother – host pretended to be policeman – broadcaster asserted that husband and wife consented to broadcast – allegedly unfair FindingsStandard 6 (fairness) – recording contained elements of unfairness – questionable whether recording amounted to legitimate humour – broadcaster’s processes for obtaining and recording consent insufficient – however, in the particular circumstances, it is not appropriate for the Authority to make further inquiries – reluctantly accept informed consent to broadcast was sought and obtained – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “Wind up Your Wife” on Robert and Jono’s Drive Show was broadcast on The Rock at 5. 30pm on Wednesday 15 December 2010....

Decisions
Garrett and Television New Zealand Ltd - 2016-084 (10 February 2017)
2016-084

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Decisions
Seafood New Zealand Ltd and Radio New Zealand Ltd - 2019-083 (4 February 2020)
2019-083

The Authority has not upheld a complaint that a Checkpoint segment about a media release issued by Forest and Bird stating that commercial fishing set nets were responsible for the deaths of an estimated 30 yellow-eyed penguins was unbalanced or unfair. The Authority found that Fisheries Inshore New Zealand Ltd was treated fairly by RNZ as it was contacted for a response to Forest and Bird’s statement prior to the broadcast. The Authority found this amounted to being given a fair and reasonable opportunity to comment for the programme before it was broadcast. The Authority also found that the item was balanced as RNZ broadcast a summary of the response sent by Fisheries Inshore during the Checkpoint segment....

Decisions
X and TV3 Network Services Ltd - 1998-053
1998-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-053 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT X of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Curran and Television New Zealand Ltd - 1998-099, 1998-100, 1998-101, 1998-102
1998-099–102

Summary The historic peace agreement in Ireland was the subject of news items on One Network News on 10 and 11 April 1998 between 6. 00–6. 30pm. Mr Curran complained to Television New Zealand Ltd, the broadcaster, that its coverage was selective and biased and failed to acknowledge the role at the peace talks of both Prime Minister Bertie Ahern and John Hume, the leader of the Catholic Social Democratic and Labour Party. He argued that other media, including the BBC and local newspapers, gave a fair and accurate coverage of the peace accord. Mr Curran requested that his complaint be dealt with by way of a formal hearing. News reports on One Network News on 20 and 23 May 1998 referred to the forthcoming referendum on the peace agreement....

Decisions
Benson-Pope and TVWorks Ltd - 2008-013
2008-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Decisions
Rigarlsford and The Radio Network Ltd - 2005-058
2005-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – host terminated a call saying “why don’t you just bugger off, you bigoted old silly man” – allegedly unfairFindingsPrinciple 5 (fairness) – robust environment of talkback radio – comments not unfair – not upheld This headnote does not form part of the decision. Broadcast[1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 18 April 2005, a caller expressed the view that there was one law for Māori and another law for everybody else with regard to carrying weapons in public. Following a brief exchange, the host terminated the call saying “why don’t you just bugger off, you bigoted old silly man”....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Department of Child, Youth and Family Services and TV3 Network Services Ltd - 2003-107
2003-107

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....

Decisions
Goodwin and Television New Zealand Ltd - 2010-116
2010-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Decisions
Bolster and Latimer and Television New Zealand Ltd - 2010-186
2010-186

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Decisions
Macfarlane and TVWorks Ltd - 2012-001
2012-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item included clips in which reporter tried to obtain comment from ACT leader Don Brash, and Mr Brash refused – allegedly unfair FindingsStandard 6 (fairness) – item broadcast in lead-up to the general election – Mr Brash chose to refuse to comment on a subject that other party leaders had freely commented on – clips themselves were not edited – not unfair to Mr Brash – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 31 October 2011 reported that political party leaders were meeting to discuss Labour’s proposal to raise the retirement age. The reporter explained that he had tried to get comment on the issue from the then ACT Party leader Don Brash, who refused....

Decisions
Sperry and Television New Zealand Ltd - 2012-076
2012-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Decisions
Garrett and Radio New Zealand Ltd - 2013-048
2013-048

Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989Nine to Noon – contained a discussion about the 'three strikes' legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaintFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheldStandard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld No Order This headnote does not form part of the decision....

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