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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary The fate of money belonging to Holocaust victims but deposited in Swiss bank accounts during World War II was the subject of commentary on "Aspects of Israel" broadcast on Access Radio on 29 June 1997 beginning at 11. 15am. The commentator questioned the honesty of the Swiss in dealing with the money. Mr Carson of Wellington complained to Access Radio, the broadcaster, that the remarks impugned the integrity of the Swiss and, therefore, were offensive and discriminatory. Access Radio responded that the comments related to Swiss banks and bankers, and did not refer to the Swiss as a people. Further, it considered that even if ill will was incited against those bankers who controlled the assets of Holocaust victims, it was unlikely that any of those people were in New Zealand....

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Summary [This summary does not form part of the decision. ] An item on Story showed presenter Heather du Plessis-Allan purportedly exposing a loophole in New Zealand’s gun laws by falsifying a mail-order form and obtaining a firearm from a gun dealer without verifying that she held a gun licence. The Authority did not uphold a complaint alleging that the broadcast encouraged viewers to break the law. The item carried public interest, it was clearly meant to discourage flouting of gun laws rather than encourage illegal activity and the Police Association commended Story for exposing the issue. Not Upheld: Law and Order   Introduction [1] An item on Story showed presenter Heather du Plessis-Allan allegedly exposing a loophole in New Zealand’s gun laws. She falsified a mail-order form and obtained a firearm from a gun dealer without verifying that she held a gun licence....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Peewee’s Sister – children’s short story about a boy who was being bullied for his school lunch – story contained two parts involving scuffles between characters – allegedly in breach of good taste and decency, law and order and social responsibility Findings Principle 7 (social responsibility) – theme of a bully being beaten by his own tactics of physical force not inappropriate for a children’s story – broadcaster sufficiently considered the story’s effect on child listeners – not upheld Principle 1 (good taste and decency) – subsumed into consideration of Principle 7 Principle 2 (law and order) – subsumed into consideration of Principle 7 This headnote does not form part of the decision....

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....

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Complaint The Edge – radio announcer challenged two men to run naked down a main street – offensive behaviour – incited breach of law FindingsPrinciple 2 – no evidence that broadcaster encouraged disrespect for law – no upholdThis headnote does not form part of the decision. SummaryAn announcer on The Edge challenged two men to run naked down a main street in Queenstown. The event was broadcast live on The Edge (a radio network) at about 7. 30am on 25 May 2001. Inspector Phil Jones, the Area Controller for the Otago Rural Police in Queenstown, complained to The RadioWorks Ltd, the broadcaster, that the behaviour which he said had been "incited" by the announcer, was "unacceptable". The RadioWorks did not uphold the complaint. It disagreed that the radio station incited the participants, and maintained that the incident was intended to be humorous and not distressing to the public....

The Authority upheld a complaint from ANZ Bank New Zealand Ltd (‘ANZ’) that an item on Seven Sharp was inaccurate and misleading. The item concerned a customer who had had a dispute with the bank and in December 2018 entered an ANZ branch and pretended he had a bomb. The Authority agreed that the item breached the accuracy standard as it created a misleading impression that the customer was paid a settlement as a result of his actions at the bank, when in fact the dispute had been settled and he had received a settlement payment months earlier. The Authority considered the question of whether the item undermined law and order to be borderline. The broadcaster took a light-hearted human interest approach to a serious story, and the item risked encouraging and promoting illegal activity....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-042 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P M MACCALLUM of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

ComplaintRadio Pacific talkback – host John Banks – dog control – host said he would shoot a dog ranger about to shoot his dog – offensive – irresponsibleFindings Principle 2 – comment advocated criminal violence – inconsistent with maintenance of law and order – upholdPrinciple 7 – not relevantNo OrderThis headnote does not form part of the decision. SummaryThe control of dogs was discussed on talkback on Radio Pacific at about 6. 45am on Thursday 7 December 2000. While expressing sympathy for the owners of cats killed by a dog, the host (John Banks) said he would shoot any dog ranger who came onto his property to shoot his dog. Mark Vincent, National President of the New Zealand Institute of Animal Control Officers Inc, complained to The RadioWorks New Zealand Ltd, the broadcaster, that the comments were "disgusting, irresponsible, and distressing"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...