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Decisions
Broughton and RadioWorks Ltd - 2009-144
2009-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Decisions
Moodley and Television New Zealand Ltd - 2001-059, 2001-060
2001-059–060

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

Decisions
Morrison & New Homes Direct Ltd and Television New Zealand Ltd - 2021-150 (31 August 2022)
2021-150

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Decisions
Minister of Housing (Hon Murray McCully) and TV3 Network Services Ltd - 1995-043
1995-043

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
New Zealand Fire Service and RadioWorks Ltd - 2009-018
2009-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – criticised comments made by the Fire Service after a house fire in which four children died – called Fire Service spokespeople “cocks”, “idiots”, “morons”, “arseholes” – allegedly unfair Findings Standard 6 (fairness) – comments went beyond criticising firemen’s actions in professional capacity – sustained personal abuse of individuals – unfair – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The Michael Laws Talkback programme was broadcast between 9am and 12 noon on Wednesday 7 January 2009. The host’s topic for the day was a house fire in Mangere in which four children had died and two adults were seriously injured....

Decisions
Boyce and Television New Zealand Ltd - 2004-003
2004-003

ComplaintHolmes – item about eviction of tenants behind in payments – distressing situation – complaint that broadcaster failed to show discretion and sensitivity FindingsStandard 6 and Guidelines 6b and 6e – breach occurs when Standard contravened, not Guideline – Guideline 6f also relevant to decision on Standard 6 – tenants not dealt with fairly – uphold No Order This headnote does not form part of the Decision Summary [1] The eviction of tenants who had fallen behind in a rent-to-buy agreement was shown in an item broadcast on Holmes at 7. 00pm on 23 September 2003. The landlady explained that she had taken the action to protect her investment. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that it had not shown discretion and sensitivity in a distressing situation in which there was no apparent public interest....

Decisions
Hill & Knowlton (NZ) Ltd and Television New Zealand Ltd - 2001-027
2001-027

ComplaintHavoc and Newsboy’s Sell Out Tour 2 – allegations about public relations companies – offensive language – inaccurate – unbalanced, biased and unfair FindingsStandard G1 – subsumed Standard G2 – no uphold Standard G4 – serious allegations made – no acknowledgment that they were contestable – uphold Standard G6 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary A sequence broadcast during the satirical programme Havoc and Newsboy’s Sell Out Tour 2 on TV2 on 15 August 2000 beginning at 9. 30pm, contained an interview with political activist Nicky Hagar. Mr Hagar made a number of claims about the public relations industry. Among references to various public relations companies, Mr Hagar named Hill & Knowlton, an international company operating in New Zealand, as being responsible for putting a favourable spin on America’s involvement in the Gulf War....

Decisions
JW and MediaWorks TV Ltd - 2016-058 (15 December 2016)
2016-058

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....

Decisions
H and Radio Liberty Network - 1996-040
1996-040

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-040 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT H of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Arnesen and Television New Zealand Ltd - 1997-100, 1997-101
1997-100–101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
O'Neil and Television New Zealand Ltd - 1998-146
1998-146

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Decisions
Cunliffe and Television New Zealand Ltd - 2008-097
2008-097

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint....

Decisions
O'Connell and TVWorks Ltd - 2007-067
2007-067

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

Decisions
Prime Minister (Rt Hon Helen Clark) and 4 Others and TV3 Network Services Ltd - 2003-077–081
2003-077–081

Complaint3 News Special – interviews with Nicky Hager and Prime Minister about issues raised in Hager’s book "Seeds of Distrust" – complaints that implication in interview that the book was factually correct was unbalanced and partial – some facts inaccurate – different interview styles unfair – Authority made the following findings: Standard 4 – issues were scientific and government accountability – science aspect – balanced – no uphold; government accountability – not balanced – uphold Standard 5 – scientific facts in dispute – unable to determine; approach to interview with Prime Minister in comparison with the interview with Mr Hager neither impartial nor objective – uphold; statement that Prime Minister declined her earlier offer to do another interview not inaccurate – no uphold Standard 6 – preparation of programme fair – no uphold; presentation of programme – unfair as Prime Minister not advised of source of allegations and the accuser was interviewed in…...

Decisions
Whyte and Televison New Zealand Ltd - 2012-070
2012-070

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

Decisions
Harkema and TVWorks Ltd - 2012-042
2012-042

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Decisions
Panoho and Radio New Zealand Ltd - 1994-017
1994-017

SummaryA news item broadcast in Maori on the National Programme at 6. 08am on 15 July 1993referred to the controversy which ensued after an essay about the appropriation of Maorisymbolism by Pakeha artists was published in the catalogue to an art exhibition in Sydney. Mr Panoho, whose essay was the source of the controversy, complained to Radio NewZealand Ltd that the broadcast failed to convey his views accurately and that it did notdeal fairly with him because it attributed to him views that were contradictory to hispublished opinions. In response, RNZ reported that the material in the news item had originated from apublished article it had examined which commented on Mr Panoho's essay. It believedthat the article's interpretation of Mr Panoho's views was accurate and considered thatbecause the broadcast was a factual report of publicly expressed opinions there was nobreach of broadcasting standards. It declined to uphold the complaint....

Decisions
Muldoon and TV3 Network Services Ltd - 1994-112
1994-112

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 112/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAME THEA MULDOON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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
SP and TVWorks Ltd - 2010-112
2010-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

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