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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 133/94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P HEATHER COSH of Taumarunui Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-174 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MONIQUE BARDEN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Summary A car buyer, disappointed with his purchase from a car dealer, was the subject of an item on Fair Go broadcast on TV One on 9 September 1998. It was reported that the vehicle he had agreed to purchase had been involved in a serious accident in France, and that the rebuilt vehicle did not meet New Zealand safety standards. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that he and his company were unfairly treated on the programme and that it lacked balance. In particular, he complained that the programme’s implication that it had been agreed that the vehicle would meet original specifications was a gross misrepresentation of the facts. He also complained about the fact that he was identified as being the person responsible for the sale, when he had merely facilitated a negotiation....

Complaint3 News – items on black market trade in illegal cars – tax evasion – inaccurate interpretation of Motor Vehicle Dealers Act – partial – victimised businesses/individuals FindingsG14 – more than one view of Motor Vehicle Dealers Act - not inaccurate – no victimisation – no uphold G19 – editing not a distortion of events – no uphold This headnote does not form part of the decision. Summary Items on 3 News broadcast on TV3 on 9 and 10 October 2000 dealt with what appeared to be a flourishing "black market" trade in motor vehicles by unlicensed dealers. According to the items, illegal sellers were evading tax, and people who bought cars from them were not covered by consumer protection legislation. Ken Horlor complained to TV3 Network Services Ltd, the broadcaster, that the items were unbalanced, untruthful and victimised individuals and businesses trading legally....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

ComplaintDNZ World Extra: Palestine Is Still The Issue – documentary – Middle East conflict – Palestinian perspective – unbalanced – inaccurate – unfair Findings Standard 4 – range of significant points of view presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] DNZ World Extra: Palestine Is Still The Issue was a special report by John Pilger that examined the Middle East conflict, from a Palestinian perspective. The programme questioned Israeli Government policy and its impact on the Palestinian people. The programme complained about was broadcast on TV One at 8. 40pm on 21 October 2002. [2] George and Eileen Anderson complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced, inaccurate and unfair towards Israelis....

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Afternoons with Jim Mora – discussed New Zealand First’s decision to drop a candidate for drinking his own urine – panellist commented that Don Brash and John Banks “drink each other’s urine” – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and responsible programming Findings Standard 1 (good taste and decency) – comment puerile, but not so offensive as to breach Standard 1 – would not have offended or distressed most listeners – contextual factors – not upheld Standard 6 (fairness) – comment did not carry any invective – was not unfair to Don Brash or John Banks – not upheld This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 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 – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

Download a PDF of Decision No. 1990-013:Papprill and Television New Zealand Ltd - 1990-013 PDF560. 09 KB...

Summary[This summary does not form part of the decision. ]A ONE News item discussed two changes proposed as part of a review of Child Youth and Family Services (CYFS): first, dealing with 17-year-old offenders within the youth justice system rather than the adult justice system; and second, lifting the age that people can remain in CYFS care. The Authority did not uphold a complaint that footage of young skateboarders and riders shown during the item implicitly associated them with youth crime, which was unfair. The skateboarders and riders did not take part and were not referred to during the item at a level that triggered the fairness standard. The footage simply associated them with typical activities for people their age and was in the nature of visual wallpaper. It did not associate young skateboarders and riders with youth crime....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint that an item on Checkpoint covering the Select Committee report on the Abortion Legislation Bill was unbalanced, unfair and discriminated against unborn children. The Authority found: ‘unborn children’ were not a recognised section of the community; the broadcaster made reasonable efforts to present significant viewpoints on the issue discussed; and the item did not result in unfairness to anyone taking part or referred to. Not Upheld: Balance, Fairness, Discrimination and Denigration...

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...