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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

ComplaintNews item about community parties on New Year’s Eve – complainant named and said to be "spouting lies" and "hadn’t checked the facts" – unbalanced – unfair – inaccurate FindingsPrinciple 4 and Principle 6 – subsumed under Principle 5 Principle 5 – any response, including decline to comment, not reported – unfair – uphold No Order This headnote does not form part of the decision. Summary [1] The possibility of three venues for New Year’s Eve party-goers in Central Otago was dealt with in a news item broadcast at 6. 30am, 7. 30am, 8. 30am and midday on 21 March 2003 on Blues Skies FM in Alexandra. The Chairman of one group which had staged a successful street party for five years, expressed his anger at one of the other groups. Naming the other group’s chair, he said that she had not checked the facts and was "spouting" lies....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: Did Mark Lundy Kill His Wife and Daughter?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – political discussion – allegedly unfair FindingsStandard 6 (fairness) – robust political discussion – vital component of freedom of expression that politicians and public figures are scrutinised – panellist’s comments about Phil Goff were not “abusively personal” – Phil Goff treated fairly – not upheld This headnote does not form part of the decision. Introduction [1] A political discussion was broadcast during Nine to Noon on Radio New Zealand National on the morning of 3 October 2011. [2] Dorothy Bauld made a formal complaint to Radio New Zealand Ltd (RNZ), the broadcaster, alleging that the broadcast breached standards relating to controversial issues, fairness and discrimination and denigration....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Download a PDF of Decision No. 1993-027–028:Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028717. 05 KB...

Download a PDF of Decision No. 1993-120:Moffatt-Vallance and TV3 Network Services Ltd - 1993-120 PDF383. 9 KB...

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint about an item on Morning Report and a summary bulletin that discussed complaints about Kāinga Ora tenants forcing people to leave their homes. Kāinga Ora complained it was not given an opportunity to comment on one of two situations discussed during the broadcast, which led to the item being unbalanced, and was unfair to the agency. Noting the issue, and numerous similar cases, had been discussed over a number of months in RNZ reporting, the Authority found it was not required in the interests of either balance or fairness for Kāinga Ora to be given a specific opportunity to comment in relation to that particular case. In any event, the Housing Minister’s response, which referred to Kāinga Ora treating complaints seriously and its updated processes for dealing with complaints, was adequate to address the issues raised. Not Upheld: Balance, Fairness...

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(1B)(b)(i) of the Broadcasting Act 198960 Minutes – programme contained teaser for item in upcoming episode – teaser about a teenage boy who had committed suicide and the events leading up to his death involving two girls – allegedly unfair FindingsStandard 6 (fairness) – girls not identifiable beyond those who already knew of the events – teaser did not draw any conclusions about their motives or character – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 60 Minutes was broadcast on TV3 at 7. 30pm on Wednesday 17 February 2010. At the end of the programme, a teaser was shown for an upcoming item that was going to be screened in the following week’s episode....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – host read out viewer feedback and made comments about a female guest's appearance – allegedly in breach of good taste and decency and fairness standards – broadcaster upheld fairness complaint, apologised to complainant and spoke to host and senior staff of Breakfast – action taken allegedly insufficient Findings Standard 6 (fairness) – action taken sufficient – breach of standards handled appropriately by the broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 25 March 2009, a Greenpeace representative was invited onto the programme to discuss the issue of compensation for the health effects of nuclear testing. [2] Following the interview, in a viewer feedback segment at 7....