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ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

The Authority has declined to determine a complaint about a 1News broadcast discussing racial tensions arising from coalition government policies. The item mentioned a 1News Verian poll on whether the coalition government’s policies were increasing, decreasing, or making no real difference to racial tensions in Aotearoa New Zealand. The complainant alleged the broadcast, and the poll were ‘incredibly biased’ and that the broadcast breached the discrimination and denigration, accuracy, balance, and fairness standards. The Authority declined to determine the complaint on the basis it raised issues under the accuracy, balance, and fairness standards that could all be dismissed on grounds previously explained to the complainant; the broadcast could not be considered to encourage discrimination or denigration; and the complaint concerned issues of personal preference and had been adequately addressed in the broadcaster’s decision....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198920/20 – item discussed Marc Ellis’s promotional stunt for his new business which involved discharging explosives on Rangitoto Island – allegedly in breach of law and order and fairness standards Findings Standard 2 (law and order) – not clear from the item that the stunt amounted to criminal activity – item did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant did not identify which individuals or organisations were treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 20/20, entitled “Guerrilla Marc[eting]”, broadcast on TV2 at 9. 30pm on Thursday 15 November 2007, discussed the first major guerrilla marketing stunt that had taken place in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

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....

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...