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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-046 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P G CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe Human Body, episode one of an eight part series, was broadcast on TV One at 8. 30pm on Monday 28 September 1998. The next seven parts were broadcast at the same time on consecutive Monday evenings. The series, presented by Professor Robert Winston, showed viewers what happened to the human body from conception to death. Part One comprised an overview of the full series. Mr Walker complained to Television New Zealand Ltd, the broadcaster, that as the series assumed that the human body was the product of evolution, it was unbalanced and misleading. He argued that the programme omitted the belief that all life was the product of creation by God. Mr Fox complained that the series was biased, as it did not acknowledge that evolution was a controversial issue. Many people, including many scientists, he said, accepted a worldview based on the veracity of the Bible....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – subtitled version – item on 90th birthday of Northland kaumatua – celebrations held in RSA – subtitles allegedly said that celebrations could not be held on marae because construction of local marae unable to proceed due to objections of local Pakeha – allegedly unbalanced and inaccurateFindingsSubtitled version of programme not retained by TVNZ – Authority had no evidence to establish what was said in subtitles – unable to determine despite procedural unfairness to complainant – declined to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989 ObservationComplaint originally only about subtitled version – Māori-language version referred to “Pakeha rednecks” – “rednecks” concern only brought to complainant’s attention in TVNZ’s response to her original complaint – Authority has no jurisdiction to determine concerns about Maori-language version as issue not raised in original complaintThis headnote does not form part…...

ComplaintMidday Report – references to Bush administration – comments from UN Secretary-General Kofi Annan on Iraq – distorted – misleading – inaccurate FindingsPrinciple 6 – misleading to equate coalition with Bush administration – uphold No Order This headnote does not form part of the decision. Summary [1] An item about terrorist activities in Iraq was broadcast on National Radio’s Midday Report broadcast on 21 August 2003. The item from an ABC reporter in Washington referred to the “Bush administration” in the United States and included a comment from UN Secretary-General Kofi Annan that “The coalition has made mistakes and we probably have too”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kāea – item reported on Anglican Church deacon who was allegedly stood down after making a complaint about a man he alleged was the subject of a sexual abuse inquiry – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not appear to take any steps to corroborate essential facts of the broadcast – unfair to omit other reasons for the deacon’s suspension – given the seriousness of the allegations, the church was not provided with a fair and reasonable opportunity to comment – item was unfair to the church and the Bishop – upheld Standard 5 (accuracy) – it is not the Authority’s role to make a finding on the merits of the alleged sexual abuse and whether this was accurately portrayed in…...

Download a PDF of Decision No. 1993-050:Christian Heritage Party and Television New Zealand Ltd - 1993-050 PDF297. 88 KB...

The Authority has not upheld a complaint about documentary Western Thrace, Contested Space, which examined the lives of ethnic Turks living in the Western Thrace region of Greece. It found that there were no material inaccuracies in the documentary as alleged by the complainant. The documentary was about discrimination felt by the Turkish community as a whole and was exploring their experiences. Some inaccuracies alleged by the complainant were broadly immaterial to the thrust of the documentary, while others were expressions of opinion, comment and analysis, to which the accuracy standard does not apply. It found the balance standard did not apply as it did not discuss a controversial issue of public importance in New Zealand. The remaining standards raised also did not apply. Not Upheld: Accuracy, Balance, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint that a Newshub Nation item reporting poll results on support for Auckland Central constituency candidates was misleading, as it excluded undecided voters. The Authority found the results were not inaccurate or misleading in the context of the whole item. There was lengthy discussion that followed concerning the poll results and the views of each of the candidates, and at the end of the item, the reporter advised more than 20% of voters still had not decided which candidate to support. Overall, the Authority did not find actual or potential harm that justified regulatory intervention or limiting the right to freedom of expression. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld complaints alleging a report regarding vaccination decreasing chances of COVID-19 infection on 1 News was inaccurate and misleading. The broadcaster made reasonable efforts to ensure the accuracy of the statements about transmission rates. Use of the terms ‘fully immune’ and ‘full immunity’ were not misleading in the context of the broadcast. Not Upheld: Accuracy...

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on the results of the Transport and Accident Investigation Commission’s investigation into a fatal mid-air collision at an unattended aerodrome. The complainant alleged the broadcast was inaccurate and unbalanced in its reporting that ‘dangers’ (such as the non-compliant procedure that had contributed to the crash) were occurring at other unattended aerodromes. The Authority found the broadcast accurately reflected the results of the investigation and the broadcast did not discuss a controversial issue of public importance for the purpose of the balance standard. Not Upheld: Accuracy, Balance...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....