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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-041 Decision No: 1998-042 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MATERNITY SERVICES CONSUMER COUNCIL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintNine to Noon – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

ComplaintGive It a Whirl – documentary – stories from rock'n'roll era in New Zealand – included comments about a 1960s music show C'mon – ‘apple incident' recalled and comments said to be inaccurate and unfair Findings Standard 5 – majority – evidence sufficient to conclude that incident did not occur – uphold – minority – anecdote not expected to be entirely accurate – no uphold Standard 6 – evidence sufficient to rule that complainant treated unfairly – uphold No Order This headnote does not form part of the decision Summary [1] Give It a Whirl was a documentary series about the rock'n'roll era in New Zealand. An episode broadcast on TV One at 8. 40pm on 2 June 2003 referred to C'mon – a televised national music show in the 1960s....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 102/95 Decision No: 103/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MEDIAWOMEN of Wellington and LINDA McDOUGALL of London Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Download a PDF of Decision No. 1993-083:Jones and Television New Zealand Ltd - 1993-083 PDF2. 47 MB...