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Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

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…...

The documentary Patrick Gower: On Hate investigated the 15 March 2019 terror attacks, focusing on the stories of the victims. The documentary featured footage from 2016 showing the complainant dumping a pig’s head at Masjid Al-Noor. The complainant argued the documentary breached the fairness standard as he was not given an opportunity to comment prior to its broadcast. Noting the high public interest in the documentary, the Authority found the complainant was not treated unfairly. Not Upheld: Fairness...

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

The Authority has not upheld a complaint that an interview with a woman concerning her removal from an anti-co-governance meeting on Morning Report breached the balance, fairness and accuracy standards. The complainant alleged the broadcaster should have included balancing comment from, or interviewed Julian Batchelor (the speaker at the event concerned). The Authority found the interview did not require balancing comment as it did not ‘discuss’ the issue of co-governance, and did not treat Batchelor unfairly. The woman’s removal alone did not constitute a controversial issue of public importance. The accuracy standard did not apply as the complainant did not allege any statements were misleading. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint a 1News segment on James Shaw’s decision to resign as co-leader of the Green Party breached the accuracy, balance, and fairness standards for including a statement from former Prime Minister Chris Hipkins that emissions had decreased for three years in a row. The Authority found the statement was not a material fact likely to impact the audience’s understanding of the broadcast as a whole – which was focussed on Shaw’s resignation and legacy and not on emissions levels. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance and Fairness...

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....

The Authority has declined to determine a complaint that 1News’ ANZAC Day bulletin, which included coverage of Māori soldiers, the 28th Māori Battalion and a pre-recorded story by 1News’ Māori Affairs Correspondent, breached the discrimination and denigration, balance and fairness standards. The Authority considered the relevant content appropriate to the context of the broadcast, which marked the first ANZAC Day without a surviving member of the 28th Māori Battalion. It also found the complaint reflected the complainant’s own personal preferences on a matter for the broadcaster’s editorial discretion and did not raise any issues of broadcasting standards that warranted determination. Declined to determine (section 11(b), Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...

The Authority has not upheld a complaint about an RNZ news bulletin. The item briefly reported on the BBC’s apology concerning a live broadcast of music group Bob Vylan chanting ‘death, death to the IDF’, saying the apology described the chants as ‘antisemitic’. The complainant said the use of ‘antisemitic’ to describe the chants was unbalanced, inaccurate and unfair. Noting the statement was clearly attributed to the BBC and the context behind its statement was available to the audience, the Authority found the audience had the information needed to draw their own inferences and conclusions and would not be misled. The balance and fairness standards did not apply or were not breached.    Not Upheld: Balance, Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-155 Decision No: 1996-156 Decision No: 1996-157 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CALUM SAWYERS of Wellington and A J HUGHES and A J WALKER of Auckland and ROSEMARY SEGEDIN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

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....

Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

The Authority has not upheld a complaint that a brief, light-hearted discussion on ZM’s Bree & Clint programme about listeners’ suggestions to use methamphetamine to stay awake breached broadcasting standards. The complainant alleged the discussion made methamphetamine appear ‘cute’, it was offensive for the hosts to discuss it on air, promoted the drug to the audience and was unfair. The Authority found the discussion was within audience expectations of the programme and station and was not likely to promote use of the drug. Though the conversation was light-hearted, the hosts specifically acknowledged the drug could ‘ruin [their] lives’. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Fairness...