Dated: 18 March 2008 |
Complainant Broadcaster |
Members
Complaint under section 8(1)(b) of the Broadcasting Act 1989
Sunday – item allegedly inaccurate, unbalanced, unfair, and
in breach of privacy and programme information standards
Findings
Standard 3 (privacy) – decline to determine under section 11(b) of the
Broadcasting Act 1989
Standards 4 (balance) – not upheld
Standards 5 (accuracy) and 6 (fairness) – majority uphold
Standard 8 (programme information) – subsumed into consideration of Standards
5 and 6
No Order
(This headnote does not form part of the decision.)
Broadcast
[1] RT made a formal complaint to Television New Zealand Ltd about
an item broadcast on TV One’s Sunday programme at 7.30pm on 1
July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and
8 of the Free-to-Air Television Code.
[2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989.
Authority's Determination
[3] The members of the Authority viewed a recording of the broadcast
complained about and read the correspondence listed in the Appendix. The
Authority determined the complaint without a formal hearing.
[4] Due to the existence of a permanent name suppression order, the Authority will not be publicly releasing the reasons for its decision. However, its reasoning is outlined in a confidential decision which has been released to the parties.
A majority of the Authority (Joanne Morris, Tapu Misa and Paul France)
upholds the complaint that the broadcast byTelevision New Zealand Ltd
of an item on Sunday on 1 July 2007 breached Standards 5 and 6 of
the Free-to-Air Television Code of Broadcasting Practice.
The Authority declines to uphold the Standard 4 complaint.
The Authority declines to determine the Standard 3 complaint under
section 11(b) of the Broadcasting Act 1989.
The Authority subsumes its consideration of Standard 8 into its consideration
of Standards 5 and 6.
The Authority declines to impose an order.
Signed for and on behalf of the Authority
Joanne Morris
Chair
18 March 2008
Appendix
The following correspondence was received and considered by the Authority when it determined this complaint:
1. RT’s
formal complaint – 24 July 2007
2. RT’s referral
to the Authority – 28
August 2007
3. TVNZ’s response
to the Authority – 12
September 2007
4. RT’s final
comment – 2
October 2007
5. TVNZ’s final
comment – 30
October 2007