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Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looking at possible reasons for high crime statistics for young Māori – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not purport to cover all perspectives – discussed one part of the wider issue – period of current interest still open – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Māori community or the youths interviewed – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes entitled “Māori Challenge” was broadcast on TV3 at 7. 30pm on 18 April 2005. The item explored a possible link between the high rate of Māori criminal offending and the way in which male aggression may be seen as important to Māori identity, particularly through the haka....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Parliamentary Question Time – showed Deputy Prime Minister at times when he was not answering or asking questions – allegedly unbalancedFindingsStandard S6 (balance) – programme did not approach the proceedings from any particular perspective – balance not required – not upheldThis headnote does not form part of the decision. Broadcast[1] Coverage of Parliamentary Question Time was broadcast on Sky News at 2pm on 7 April 2005. Complaint[2] Michael Gibson complained that the broadcast was unbalanced because it focused on the Deputy Prime Minister, Dr Michael Cullen, at times when he was not asking or answering questions. The coverage had shown Dr Cullen “grinning and derisively showing a dismissive attitude towards the Opposition”, he said. [3] Mr Gibson argued that the broadcaster had broken the same rules which had caused TV3 to be banned from filming in Parliament recently....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item on changing population statistics of New Zealand – introduced with reference to the possibility of New Zealand becoming a republic – allegedly unbalancedFindingsPrinciple 4 (balance) – topic of republicanism not the controversial issue of public importance covered by the item – balance on that issue not required – not upheldThis headnote does not form part of the decision. Broadcast [1] On 26 April 2005 at 7. 20am on National Radio, an item on Morning Report covered changing population statistics in New Zealand, noting the expectation of continuing increases in Asian, Māori and Pacific Island communities. The introduction to the item included the statement “some believe this will fuel arguments to ditch the Queen as the head of State”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – item dealt with interview of the Hon John Tamihere MP published in Investigate magazine – Mr Tamihere had later claimed that he did not know the interview was being recorded – item included extracts of interview with complainant, Ian Wishart, editor of Investigate, who spoke about recording process – item also discussed journalistic ethics as to when interviews are “on” or “off the record”, and the specific expectations of interviews with politicians – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – credibility of serving Member of Parliament and former Cabinet Minister is controversial issue of public importance – credibility issues raised and viewers left to decide – competing accounts presented – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision....

The Chair, Joanne Morris, declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989The Treaty Debate – three broadcasts over three weeks – covered various viewpoints on The Treaty of Waitangi and Māori issues – allegedly unbalancedFindings Principle 4 (balance) – programmes intended to provoke debate and discussion – not a definitive discussion on all aspects of the Treaty of Waitangi – period of current interest remains open – not upheldThis headnote does not form part of the decision. Broadcast [1] Radio New Zealand Limited broadcast The Treaty Debate on National Radio in three one-hour broadcasts on the 13th, 20th and 27th of February 2005. [2] The debates were part of a public lecture series recorded at Te Papa Tongarewa....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eye to Eye – host asked his guests whether the Labour or Māori Party candidate would win the seat of Tai Tokerau in the upcoming election – did not mention a third candidate for the electorate – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate – not upheldThis headnote does not form part of the decision. Broadcast [1] During Eye to Eye, broadcast on TV One at 9. 30am on 5 February 2005, the host asked his two female guests whether Dover Samuels (Labour Party) or Hone Harawira (Māori Party) would win the seat of Tai Tokerau in the upcoming election....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about meeting of the five McCartney sisters with President Bush in Washington – women’s brother had been killed by IRA – item also showed President Bush meeting Irish Prime Minister – item later reported that the President declined to meet with Sinn Fein leader Gerry Adams – item failed to identify Irish Prime Minister – allegedly unbalanced and inaccurateFindings Standard 4 and Guideline 4a (balance) – no discussion of controversial issue of public importance – not upheld Standard 5 and Guideline 5a (accuracy) – Irish Prime Minister identified as such in the script – not inaccurate – not upheldThis headnote does not form part of the decision....

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....